It can find that the Second Amendment doesn't grant individual rights, but only protects the right of states to arm their militias (or "state armies," as some gun-control advocates put it). This would make the DC case go away, but at some cost: If states have a constitutional right, as against the federal government, to arm their militias as they see fit, then states that don't like federal gun-control laws could just enroll every law-abiding citizen in the state militia and authorize those citizens to possess machine guns, tanks and other military gear.
This is the first time that I have seen this point. Putting the merits of this approach aside (even DC doesn't appear to really have its heart in this approach), I really wonder if gun control advocates know what they might be getting into if they get their wish regarding the DC gun ban.
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Glenn Reynolds on the Second Amendment and the options the Supreme Court Faces
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