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Tuesday, March 2, 2010

Scotus Blog: "2d Amendment Extension Likely"

That's the analysis of Lyle Denniston at ScotusBlog earlier today.

The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

According the Denniston, when the Justices discuss later this week where to go from here, the focus of debate will be how extensive a “right to keep and bear arms” should be spelled out:

... would it be only some “core right” to have a gun for personal safety, or would it include every variation of that right that could emerge in the future as courts decide specific cases? The liberal wing of the Court appeared to be making a determined effort to hold the expanded Amendment in check, but even the conservatives open to applying the Second Amendment to states, counties and cities seemed ready to concede some — but perhaps fewer — limitations.

You can read the full analysis here. The Court's decision is likely to come in the closing days of this year's term in mid to late June.

UPDATE: More on the arguments here.

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