Bob Levy on Parker and DC's choice
Bob Levy writes in today's The Hill. Excerpts:
"Why, then, is there any question about seeking review? Well, because politics and legal stratagems often play a role. On the political front, the argument will go like this: The last thing the mayor’s Democratic friends want is a gun control case percolating at the Supreme Court, with a decision likely in the heat of the ’08 campaign. Gun control is a losing issue for Democrats and red meat for Republicans."
"Then there’s the legal strategy argument: No doubt some anti-gun groups will urge the mayor not to seek Supreme Court review because D.C. might lose. And if D.C. lost, the repercussions for gun control regulations nationwide could be historic. Because of the tightly balanced cast of justices, and their unknown views on the Second Amendment, there’s a real risk for both sides. Still, the obligation of D.C.’s mayor is to defend the constitutionality of the District’s laws, not to engage in strategic lawyering because of concerns outside of Washington."
"The citizens of D.C. — indeed, all Americans — deserve a foursquare pronouncement from the nation’s highest court on the real meaning of the Second Amendment. The U.S. Supreme Court is, and rightly should be, the final word on that question. Let’s give the court an opportunity to rule, and give the rest of us the benefit of the court’s collective judgment on a debate that concerns millions of Americans."