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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Friday, March 09, 2007 ::
    Going great guns: In Parker v. Fenty, the D.C. Circuit (Silberman, Senior Circuit Judge, writing) has resoundingly adopted the individual-rights theory of the Second Amendment, long advocated enthusiastically by gun groups -- and reluctantly yet firmly by leading liberal scholars such as Sandy Levinson.

    Like the First Amendment, the court says, the Second allows for reasonable regulations of the rights that it protects -- but D.C.'s 1976 gun law isn't one of them

    In dissent, Bush I appointee Karen LeCraft Henderson scoffed at the notion that a court can resolve the academic debate, noting that the majority has just added x-number of pages to the "pile." Ewwww, "pile"!

    She also adopted the view that "the District of Columbia is not a state within the meaning of the Second Amendment," a view that could have interesting implications for Bolling v. Sharpe now that D.C. has "home rule," rather than the direct federal control that prevailed at the time of Bolling.

    Bolling, you'll recall, held that what the Equal Protection clause of the 14th Am. requires of the states, the Due Process clause of the 5th Am. requires of the federal government. But D.C. isn't run by the federal government any more; not directly, anyway. So, I would guess that in Judge Henderson's view, the coming of home rule to D.C. legalized segregated schools in the District, unless she can find, which I cannot, some reason why D.C. is not a "state" for 2nd Am. purposes but is one for the 14th.

    :: David M. Wagner 11:37 PM [+] ::

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