...I think we have two real votes for a meaningful Second Amendment on the court: Thomas and Alito. Scalia was the third, but he’s gone now. I didn’t think there was anything radical about the Alito and Thomas concurring opinion in the Stun Gun Case, yet it’s interesting that neither Kennedy nor Roberts joined it. My perception, I hope I’m wrong but fear I’m right, is that the reason there’s been no certiorari granted on any of the gun cases is because the Heller majority had two weak links. Heller and McDonald may very well be the best Scalia could extract from his colleagues who formed the five justice majority in those cases.I'm more confident each day that the GOP majority in the senate is going to make sure Obama's nomination to replace Scalia goes nowhere. The fact that the senators with the toughest re-election campaigns this year seem to be holding firm leads me to believe they aren't getting much pressure back home to confirm the nominee. If things hold as they are now however, I'm with Sebastian that things don't look good no matter whether the next President is Clinton or Trump getting a good replacement for Scalia.
Thursday, March 24, 2016
Sebastian writes on the blog Shall Not Be Questioned that it's possible we currently only have two strong votes for the Second Amendment on the Supreme Court: