D.C. v. Heller Comes To The Supreme Courtby Doug Mataconis
Despite mountains of scholarly research, enough books to fill a library shelf and decades of political battles about gun control, the Supreme Court will have an opportunity this week that is almost unique for a modern court when it examines whether the District’s handgun ban violates the Second Amendment.
The nine justices, none of whom has ever ruled directly on the amendment’s meaning, will consider a part of the Bill of Rights that has existed without a definitive interpretation for more than 200 years.
“This may be one of the only cases in our lifetime when the Supreme Court is going to be interpreting the meaning of an important provision of the Constitution unencumbered by precedent,” said Randy E. Barnett, a constitutional scholar at the Georgetown University Law Center. “And that’s why there’s so much discussion on the original meaning of the Second Amendment.”
The outcome could roil the 2008 political campaigns, send a national message about what kinds of gun control are constitutional and finally settle the question of whether the 27-word amendment, with its odd structure and antiquated punctuation, provides an individual right to gun ownership or simply pertains to militia service.
“The case has been structured so that they have to confront the threshold question,” said Robert A. Levy, the wealthy libertarian lawyer who has spent five years and his own money to bring District of Columbia v. Heller to the Supreme Court. “I think they have to come to grips with that.”
Perhaps recognizing the importance of the case, the Supreme Court Clerk will make complete audio of Tuesday’s hearing available at the Court’s website almost immediately after argument is concluded on Tuesday morning. The decision itself, of course, won’t come until some time late in the Court’s term, which ends in June.
Complete background on the case, including links to all of the briefs filed by the parties and various other organizations can be found at ScotusBlog’s wiki for the Heller case.