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Law blogs on Heller
Have a late evening of almost spare time before back to work on it. So here's a modest roundup:
Prof Balkin, at Balkanization has his take on the Administration's position.
Prof. Berman, at Sentencing Law and Policy suggests that if Parker/Heller win, choice of future test case plaintiffs will be vital.
Leibowitz's Canticle analyzes Heller's brief.
2 Comments | Leave a comment
I agree that test plaintiffs will be essential. I think that one of Gura's best moves in this case was in selecting the proper plaintiff. If you go back and look at the slow progression of cases that were brought by Charles Houston and the NAACP to desegregate public accomodations and schools, you will see just how selective (and--dare I use the pun--discriminating) they were in picking which cases to pursue. The civil rights movement was a slow and incremental plan. The gun prohibitionists learned long ago that incrementalism works. It is time that we learn the same lesson and begin to fight to regain our rights one step at a time.
My thought on the idea of a preamble nullifying the operative text is; that if true. "We the people, in order to form a more perfect union" might be grounds to nullify every individual liberty and even every state's right that might otherwise be recognized in the entire Constitution, if in so doing some party's idea of a "more perfect union" is realized.