Dave Kopel on the Precarious State of the Heller Decision

Earlier this month, Dave Kopel had this article at National Review.

The McDonald Court declared that the Second Amendment is not a “second-class right,” to be “singled out for special — and specially unfavorable — treatment.” In 2019, however, Heller is in a precarious situation: There have been numerous victories for gun rights, but many lower courts have in practice nullified the Second Amendment. Later this year, the Supreme Court may hear a case involving egregious Second Amendment infringements by the New York City government. The Court should take the opportunity not only to strike New York’s abuses, but also to firmly remind lower courts that the Second Amendment is a first-class civil right.

Kopel goes on to detail what has occurred in the lower courts since Heller and McDonald and how the Supreme Court has refused to correct them, possibly because of uncertainty about what Justice Kennedy would do.  The New York case is the first to make it to the high court.  New York City has done everything they can to get the Court to dismiss the case but it is scheduled for oral arguments in December.  VSSA joined an amicus brief in the case earlier this spring.

It does us no good to have a court opinion that is not enforced.  Hopefully this will give us an indication of whether the Supreme Court will finally get serious about Heller, or if they are going to  continue to let lower courts thumb their noses at the justices.