re: #113 Unshaken Defiance

Too many ifs in a row to be reasonably argued. Clarence Thomas also points out congress can regulate the allowable arms as they wish. What felony justifies a gun ban is as legitimate a discussion as about the vote, another protected right. Violent felony? No guns. Smoked pot when that was a felony? What then?

There is only one ‘if’ there — replacing rational basis with strict scrutiny. Thomas is actually correct when he says that using rational basis is what SCOTUS does when they don’t want to take a constitutional right seriously.

The reason the court is doing this is that Heller has to be caged with rational basis review to prevent a total disaster. But get enough Heritage foundation judges on the court and that bit of reason will be history.