September 30, 2009

Incorporation, Again

The Supreme Court is going to take up the question whether the 2nd Amendment is enforceable against the states.  Any guesses?  My own rule is “Always assume that the Supreme Court will get it wrong,” and so I’m betting that once again, they’ll say that the Fourteenth Amendment’s Due Process Clause means that a Bill of Rights provision—in this case, the one regarding gun rights—has the opposite meaning from the one it originally had.  In other words, I’m guessing that the Supreme Court will declare that the Due Process Clause makes all gun-related state (including local) laws subject to federal judicial supervision.  We’ll soon see.

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