I don't understand either Posner or Wilkinson's reasoning. The push for democracy on abortion seems radically different than the push for democracy on gun control. There is a second amendment. There is no discussion of abortion in the constitution. The Washington Post reports this:
The bottom line is that this shows how fragile the 5 to 4 Supreme Court decision in Heller is. Not only do you have a very narrow majority, but with such extremely prominent judges as Posner and Wilkinson (two of the three most cited appeals court judges) and ones that are viewed as conservative, this produces some real fragility. I think it just provides yet more reason why the outcome of this presidential election will determine whether the Heller case has any real long term impact.
"Heller represents a triumph for conservative lawyers. But it also represents a failure _ the Court's failure to adhere to a conservative judicial methodology in reaching its decision," Wilkinson wrote in an article to be published next year in the Virginia Law Review. "In fact, Heller encourages Americans to do what conservative jurists warned for years they should not do: bypass the ballot and seek to press their political agenda in the courts."
The bottom line is that this shows how fragile the 5 to 4 Supreme Court decision in Heller is. Not only do you have a very narrow majority, but with such extremely prominent judges as Posner and Wilkinson (two of the three most cited appeals court judges) and ones that are viewed as conservative, this produces some real fragility. I think it just provides yet more reason why the outcome of this presidential election will determine whether the Heller case has any real long term impact.
Related Posts
Apparently Justice Kagan was actually involved in Obamacare discussions while at DOJFrom Fox News:With just weeks until the U.S. Supreme Court considers the constitutionality of President Obama's health - Americans Expect Supreme Court to Reject Gay MarriageWell, people may think that will be the case, but they might be too hopeful. If the Obama administration replaces just
- Even a couple of years ago, who would have believed that we would be about to confirm a Supreme Court Justice who believed in banning books?Here are some arguments that Elena Kagan approved of as the Solicitor General. Here are the arguments she approved of
- Some pause over Scalia's views on applying the Second Amendment to the statesFrom the WSJ today:In a 1997 book, "A Matter of Interpretation," Justice Scalia wrote that he viewed "the Second Amendm
- New Gun Law Proposed by Senator Chuck Schumer Would Ban People with Arrests for Drug Violations from Buying GunsForbidding people from owning a gun without even requiring that they have been convicted of an offense? Would Schumer
- A prediction on how to determine who is right about Obamacare reducing premiumsIf Obamacare is currently lowering health insurance premiums, striking down the law will quickly raise rates. If
First Posner, now Harvie Wilkinson
4/
5
Oleh
abudzar
