January 2010

There are three ways to reach Second Amendment incorporation, at least two of which have present and powerful advocates. I can only say that I’m in correspondence with both, and they really wish there could be an end to to conflict. Bottom line: if the three routes to incorporation each got two votes, it’s still a 6-3 and a win, the other side is left to ponder that “almost” only counts with horseshoes and hand grenades, and the winner who favors one route or another has some votes (for the first time in my lifetime) on which to build. They’re going into the fight of their lives, no OUR lives, and don’t need the distractions. We can all engage in internecine battles after oral argument, or better yet, the decision. For now they need to concentrate.

Bottom line: there is no bad way to win a case. There may be great ways and good ways, but there is no bad way. This reminds me of a W.C. Fields description of something else, but never mind. At least every conceivable angle has been covered, and any Justice who isn’t 100% opposed to the right to arms or its incorporation has had a path laid out and supported, so take your pick.

Here’s the story. Interesting. Lead plaintiff, Otis McDonald, is a 76 year old grandfather and lives with his wife in a risky neighborhood. He’s been burglarized repeatedly and once threatened with death. He has shotguns, but can’t keep them on the nightstand when he turns in.

All in all, the perfect person to be bringing a 2nd and 14th Amendment challenge.