The US Supreme Court – that most intensely partisan-political and utterly unaccountable branch of the US Federal government – has overturned the District of Columbia’s 32-year ban on handguns, declaring it to be unconstitutional. The decision and opinions can be found here. By a 5 to 4 vote (the usual lunatic fringe – Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas – plus the swing voter Anthony Kennedy, who this time joined the Dark Side) the Supreme Court decided that the the Second Amendment to the US Constitution: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” implies that “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” Apparently it also implies (in the words of Justice Scalia who wrote the majority opinion) that the Constitution does not permit “the absolute prohibition of handguns held and used for self-defense in the home.”
I don’t now what Justice Scalia and the other members of the majority were smoking when they wrote the majority opinion, but I would really like some of it. The statement “There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms” is no more than an assertion, supported not even by the selective reading of history cited in support of this view, or by the apparent mind-reading abilities of the Justices when it comes to the original intent of the framers of the Amendment. In truth, their opion is supported only by the simple arithmetic of a 5 against 4 headcount.


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