Oral Arguments in DC v. Heller

Oral arguments in DC v. Heller was held today and Scotusblog live blogged the oral arguments. If questions on oral argument are to be given weight, Justice Kennedy is going to vote on an individual right basis, so Heller should win.

That said, it is possible, neigh probable, that the result will be (i) the right to keep and bear arms is an individual right but (ii) government regulation of such right is permitted.What will follow is 30 years of litigation to decide what level of government regulation is permitted.The only thing that will be decided by such result is that blanket gun bans will not be permitted. The first litigation will be regarding "shall v. may" issue. DC and Chicago will claim that they are merely "may issue" jurisdictions.

So the case may decide everything (i.e. that there is an individual right under the Second Amendment) and nothing (i.e., how far does that right extend).

Another Reason to Support School Vouchers

The Supreme Court has ruled that a high school can discipline a student who, after being let out from school early to watch the Olympic torch run, held up a sign that said "Bong Hits for Jesus." So for holding up a nonsensical sign at an event only tangentially related to education, high school student Joseph Frederick found himself suspended from school. The school's reasoning apparently was that the message was pro-drug. I do not know what is sillier, (i) the fact that the student unfurled the banner, (ii) the fact that the school suspended him, (iii) the fact that it got to the Supreme Court, or (iv) the fact the court ruled as it did.

It reminds me how I got in trouble once for "disrupting" a field trip to the Whitney Museum by basically telling a tour guide that modern art was dreadful. The highlight was when the guide showed us his favorite piece, basically three metal boxes attached to the wall, signifying, well, something I guess. After he said what a great exhibit it was, I noted that it was three metal boxes attached to the wall. When we got back to school, I was told to write a letter of apology. I was rude I admit, maybe even purposefully disruptive of an actual educational event, as I realized the emperor has no clothes. But it was in a matter of personal opinion and taste. I wrote the apology letter as it seemed silly to fight it.