The Supreme Court will continue to ignore the Second Amendment until it receives a petition it has to grant.
D.C. v. Heller was decided on June 26, 2008. I remember the day well. I had just finished my second year of law school, and was working as a summer associate. My firm flew the summers to the home office in Los Angeles for some training. (Oh the heady days of big law! The legal market imploded by the end of that summer).
I remember waking up quite early, west cost time, so I could read the decisions before work started. I had worked as a research assistant for Professor Nelson Lund’s amicus brief in Heller. At the time, George Mason School of Law was ground-zero for Second Amendment scholarship. I was ready.
Around 7:00 a.m. local time, Heller dropped. At first, I was ebullient. Finally, a decision that recognized a right to keep and bear arms! But then I started to read the decision. And I reached the dicta about “sensitive places” and “dangerous and unusual weapons.” Where did that come, I thought? No matter. Scalia won! Over the ensuing months, the Second Amendment camp was conflicted. Many were enthused with a victory. Others, like Lund, warned that the limiting dicta could undermine any future legal challenges.