If Not Now, When? If Not Silveira, Who?
Publicola does an excellent job in his dissertation on Dave Kopel’s recent National Review Online articles Secret Weapon: Some 2nd Amendment lawyers help the gun-ban side, and The Silveira Threat: How long will the Second Amendment live?. He makes the points I was thinking when I read the pieces.
Kopel makes a compelling argument for manipulating the system to achieve the (eventually, someday, maybe) goal of legally restoring the intent of the Second Amendment, and of the risk being taken by pursuing Silveira v. Lockyer before a hostile or at least intellectually dishonest Supreme Court. Yes, the risk that SCOTUS might finally come out and rule that the right to bear arms isn’t an individual right is real. In fact, I wouldn’t be all that surprised, given the level of Statism our government has reached. In fact, I believe that, should the Court declare that the Second Amendment is meaningless, it might (finally!) wake up the majority of gun owners and make them politically active.
But I’m not holding my breath.
Anyway, read Publicola’s peice. It’s worth your time.