The right gun ruling, for the wrong reason?

The Associated Press

Where conservatives stand: Fred Thompson campaigns at a gun show.

Featured Topic | Posted 43 weeks 6 days ago

The right gun ruling, for the wrong reason?

When a federal appellate court ruled that Washington D.C.'s handgun ban violated the Second Amendment, conservatives cheered. Now they're confused: The Bush Administration -- thought to be a friend of gun-lovers -- is asking for the ruling to be overturned. Not because Bush has suddenly turned anti-gun, but because officials say the court's legal reasoning was wrong.

It's a decision that has angered the administration's usual allies. They feel betrayed by the decision, which could leave the gun issue in legal limbo for years. Why did the administration take this stance? And what is at stake?

Ben likes: Bad brief

John Lott Jr./National Review

Worried about the possibility that a Supreme Court decision supporting the Second Amendment as an individual right could “cast doubt on the constitutionality of existing federal legislation,” the Department of Justice felt it necessary to head off any restrictions on government power right at the beginning.

But all is not lost. The Supreme Court can of course ignore the Bush administration’s advice, but the brief does carry significant weight. President Bush has the power to fix this by ordering that the solicitor general brief be withdrawn or significantly amended. Unfortunately, it may take an uprising by voters to rein in the Justice Department.

Joel likes: A well-regulated right to bear arms

Erwin Chemerinsky/Washington Post

The assumption in this debate is that gun control laws are unconstitutional if the individual rights approach is followed. This assumption, though, has no basis in constitutional law. No rights are absolute. Even the First Amendment, which is written in the seemingly absolute language that Congress shall make "no law" abridging freedom of speech or religion, allows government regulation.

Therefore, under the individual rights approach, there still is the question of what types of government regulations are appropriate.