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Unity
There are three ways to reach Second Amendment incorporation, at least two of which have present and powerful advocates. I can only say that I'm in correspondence with both, and they really wish there could be an end to to conflict. Bottom line: if the three routes to incorporation each got two votes, it's still a 6-3 and a win, the other side is left to ponder that "almost" only counts with horseshoes and hand grenades, and the winner who favors one route or another has some votes (for the first time in my lifetime) on which to build. They're going into the fight of their lives, no OUR lives, and don't need the distractions. We can all engage in internecine battles after oral argument, or better yet, the decision. For now they need to concentrate.
Bottom line: there is no bad way to win a case. There may be great ways and good ways, but there is no bad way. This reminds me of a W.C. Fields description of something else, but never mind. At least every conceivable angle has been covered, and any Justice who isn't 100% opposed to the right to arms or its incorporation has had a path laid out and supported, so take your pick.
Comments
Great post, and LOL @ Fields reference. You always work blue, Hardy!
Posted by: Jack at January 30, 2010 09:33 PM
How about from the other side? With Heller in place, what kind of legal gymnastics will the opposition (and you know there will be some) have to go through to write a coherent dissent?
Posted by: anon at January 31, 2010 07:25 AM
Well said Dave Hardy!!!
Posted by: Coloradoan at January 31, 2010 09:05 PM
The NRA got the goods and Gura got the shaft, so of course the NRA is happy. That said, it's your place Dave, and I don't mean to be a pest, it's just that words like "high road" are, well, sorta out of place in this context given what happened. For my part, the best I can hope and pray for is the words "five to four majority in favor of the plaintiff."
Posted by: RKV at February 1, 2010 07:10 AM
David Hardy has knocked himself out on this one, and Heller, and has evidently been knocking himself out in service to this cause since about 1974. During which time he has worked constructively with and no doubt frequently kept the peace among a mob of well-intentioned but strikingly idiosyncratic and cranky legal activists. Now he's about to see the denouement, even as he has health problems. Give him your unqualified support and appreciation, which means no "buts" about who got slighted. Please. Bite your tongues. He's more than earned the peace and quiet he's requesting.
Posted by: jheath at February 1, 2010 09:32 AM