http://www.keepandbeararms.com/silveira/enbanc.asp


edit: damn keepandbeararms.com


misleading title


so does this dissent business really mean it's going to the supreme court?

The dissent really doesn't have anything to do with it - it just illustrates that the people sitting on the bench are split on the issue.

As to whether or not SCOTUS will [i]hear[/i] it, [url=volokh.blogspot.com/2003_05_04_volokh_archive.html#200252052]Eugene Volokh comments on that here.[/url]  Interesting read.  He also [url=volokh.blogspot.com/2003_05_04_volokh_archive.html#200252207]comments on what a SCOTUS finding of an individual right might mean.[/url]

Basically, what we have is two Apellate courts with conflicting interpretations.  Very often when this happens, the Supreme Court will decide the issue.  Sometimes it takes a pass and comes back to that issue at another time.

We'll see.

But I want them to, and I want nothing less than an incorporation decision binding on ALL the states.

My gut level on this is that SCOTUS won't lift a finger unless a Circuit Court (probably the 5th ) overturns a gun law based on their interpretation.

With that and the opinion of the 9th you have a real conflict.  Until then they won’t touch it.

SCOTUS rules Individual and all hell will break lose as it pulls a big thread out of the tapestry that begin with Miller.

SCOTUS rules Collective and it puts everyone clearly on notice that the Constitution has become toilet paper as far as this government is concerned and we might REALLY need to go to the Armageddon Mode that the 2nd ultimately provides.

Either way it’s a shit sandwich for the Supremes.

I think it will, since Federal courts have ruled two different ways on the RKBA, I dont think they can avoid it anymore.