Josh Blackman on Heller & McDonald
Josh Blackman has up an interesting post analyzing an ABA Journal article on those decisions. The gist is that the decisions, while recognizing a right, failed to give lower courts much guidance on they go from here. That might be because the Court itself wasn't sure, and figured the best course was to let the lower courts explore the issues for a time (an approach which lower court judges might find a bit frustrating).
Lower courts will just kick it up higher. SCOTUS could have at least given us a level of scrutiny.
Posted by: Jim at December 3, 2010 12:19 PM