DC v. Heller

Oral argument in DC v. Heller is today. Exciting stuff indeed! My prediction is that there will be a splintered decision, with the four “conservative” justices voting (possibly in several opinions, including a very short one from Justice Thomas) to let the appellate decision stand, the four “liberals” voting to remand, possibly with a range of instructions across several more opinions, and Kennedy endorsing something like the Solicitor General’s position (the moderation and sense of which has so offended the Administration), only more pompously; the result being 5-4 in favor of remanding, with muddy instructions to the lower courts.

I’ll see if I change that after the argument, or more precisely after I see what more intelligent and better informed people have to say about it.

UPDATE: No new thoughts, but a question: what happens if a majority (Kennedy and the liberals) decide to remand (but for different reasons), and a different majority (Kennedy and the conservatives) find an Individual Right to bear arms (but draw different conclusions from that finding)?  What precedent does that set?


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