The Supreme Court is set to release DC v. Heller and two other cases this morning. The cases will be announced between 10:00am and 10:15am EST, and the opinions will be online minutes later. I’ll be posting my initial thoughts and opinions here, and I’ll be linking to others around the ‘net as they do the same.
I think I would be most surprised to see Justice Scalia, the likely author of the opinion, incorporated like most of its fellow amendments in the Bill of Rights. Gun Rights advocates would love to see it happen, but I just don’t see it. Even though as a citizen I’m not fond of expansive Second Amendment rights, I would just love to see Justice Thomas succeed in finally getting something incorporated via the ‘privileges and immunities’ clause, a much better vehicle of incorporation in my opinion.
It will also be interesting to see if Scalia goes all-out and loses his majority, reigns in his possibly extreme opinions and keeps his majority, or goes all-out and retains a majority.