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Originally Posted by Brian Pleuger
This one actually goes farther than most, at least as many as I've read, in that it mentions other questions and concepts but says things like "We're not here to answer that..." Even so, it would seem that the mere mention of the unanswered question in the context would indicate that they believe it would require the same sort of scrutiny.
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That's essentially what Justice Scalia wrote in the
Heller decision, with his comment about "other, presumptively lawful regulations." He was basically saying, "We're answering the question that was asked, and nothing more. We know there are other laws out there, but those haven't been challenged -- yet -- so we're not going to talk about them today."
So today is
Heller's tomorrow, and now we're talking about whether or not those other "presumptively" lawful regulations are, in fact, lawful.