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Old September 25, 2012, 07:17 PM   #15
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Join Date: July 26, 2005
Location: The Bluegrass
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After listening/reading about this, over the last few weeks, I am hard pressed not to think that Judge Posner is telegraphing his intentions on the ruling
That was my concern when I posed the question. I knew there were a couple of cases in front of a panel that included Posner but couldn't remember the names (thanks Luger_carbine). My hope is that Posner is intellectually honest enough to lay aside his own interpretation of the 2A and follow what the Supreme Court said. I guess we'll find out.

Even if that were true in theory, with the modern doctrine of Incorporation, it wouldn't be possible.
That's true if Heller and McDonald are followed and the RKBA is considered to be a personal, fundamental right. Posner's evident interpretation is that extolled by the Brady Bunch because it places all the power in the government. Again, my concern is that Posner will allow his interpretation of the 2A to color his judgment in applying Supreme Court precedent.

Last edited by KyJim; September 25, 2012 at 07:23 PM.
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