Second amendment to the SCOTUS
Reason’s Brian Doherty has a look.
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June 11th, 2009 at 9:28 am
In my opinion, these cases are made of pure genius because they are about the inherent human right of self defense (a non-enumerated right), which is made possible by the enforcement against the government of an enumerated right – to keep and bear arms.
The right to privacy, another non-enumerated right, justified striking down anti-condom laws and anti-abortion laws.
Because courts have decided that people have an inherent privacy right to use condoms to protect themselves and others during acts of consensual sex (surely an optional activity for both parties), they cannot rule that people do not have an inherent self defense right to use firearms to protect themselves and others during acts of non-consensual violent attack (surely a non-optional activity for the victim of attack). Well, they can try, but they will lose all credibility as a rational court if they do.
I look forward to the oral arguments where someone will likely bring this up.