While there is room for optimism, one presents a Second Amendment case before the Supreme Court with great risk. New rights are discovered with extra-legal phraseology like “liberty of the person both in its spatial and more transcendent dimensions,” and explicit rights – to include core political speech – are swept away. The first case the Supreme Court takes on the merits of the individual-collective rights issue will be critical. This area of the law is no exception to the precept that the Court’s door should be knocked only with the utmost seriousness and preparation.
Stephen P. Halbrook
The Second Amendment in the Supreme Court: Where It’s Been and Where It’s Going
29 Hamline Law Review, No. 3, 449-59 (Summer 2006)