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Old October 3, 2011, 04:57 PM   #79
Johannes_Paulsen
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Join Date: April 26, 2007
Location: Pittsburgh, PA
Posts: 297
Quote:
Is it possible that denying cert, wrong as it is, averted an even worse decision? I can imagine Roberts, Scalia and Thomas, if realizing that the majority would throw Williams and everyone after him under the eternal bus, might avoid the case altogether.

In fact, even if all the bear-outside-the-home cases are denied, it would still be better than a SCOTUS ruling against bearing outside the home. That would slam the door forever. It sucks, but it could suck even worse.
My sentiments exactly. Maybe Williams was the best of the three cases that applied for cert. this term, but that doesn't really say much. Truth is, Maryland has an avenue for concealed carry. Yes, it sucks, yes you have to be connected to get through it, but it does have the process. The present case was not about Williams applying and being denied a permit, it was about him actually breaking the law - carrying a loaded Glock in a backpack without a permit. I'd have been surprised if the Court could've mustered five votes in support of the right to keep and bear arms with such a fact pattern. Far better for the Court to remain silent on the issue than to have a majority opinion on the second amendment written by Breyer, for example.

There'll be other -- and better -- cases to try to bring before the court on this issue.
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