That probably means the decision will be a mishmash. I’m betting that it will be 6-3 for the basic holding that the 2a is incorporated against the states, but there may not be an actual majority on any single opinion. Look for at least a couple of concurring opinions, and probably separate opinions on everyone who opposes. There will probably be a Thomas concurrance in part that will make the most sense, but won’t be controlling.
June 24th, 2010 at 1:18 pm
It’s going to be like Heller. The last case of the last day when they MUST do it.
June 24th, 2010 at 1:51 pm
That probably means the decision will be a mishmash. I’m betting that it will be 6-3 for the basic holding that the 2a is incorporated against the states, but there may not be an actual majority on any single opinion. Look for at least a couple of concurring opinions, and probably separate opinions on everyone who opposes. There will probably be a Thomas concurrance in part that will make the most sense, but won’t be controlling.
June 24th, 2010 at 11:45 pm
Skip–
Then we’ll spend 40 years arguing over the exact meaning of “infringed”.