Socrtease
Verified User
The real problem I see from reading oral arguments today is that the attorney for DC and the Solicitor General on behalf of the US were both in some limited right that would allow for the ban. The attorney for D.C. started with the right as being solely about the Militia but was willing to concede that it could be an individual right but not a fundamental liberty interest and that it should only be subject to intermediate scrutiny and that so long as the restriction bears a reasonable relationship to the danger sought to be avoided the ban MIGHT be upheld. Only Scalia seemed to be fully on board with the right being a fundamental liberty interest but everyone else was flirting with intermediate scrutiny. My worry is that the three that seemed firmly in support of the ban will concede individual right but push the rest to say that it is not a fundamental liberty interest and therefore not subject to strict scrutiny. If that happens they could find the ban was valid because it does not ban ALL fire arms even if shotguns and rifles are to locked up and unloaded. They could also rule that it is subject to intemediate scrutiny and have the parties brief the issue of reasonableness of the ban. Nothing was really clear after today and I fear that we could end up with a weak ruling that it is an individual right with no real teeth.