We can test the hypothesis that Heller and McDonald played a substantial role in sapping the strength of the gun control movement by taking serious gun control off the table by looking to see whether the gun control movement had greater intensity before Heller and McDonald.
September 25, 2013
The Non-Paradoxical Role of the Supreme Court With Respect to Gun Control
[Dorf is law professor at Cornell. Even though he appears to have an anti-gun bias he has done a thoughtful and fair analysis of the political dynamics of gun control as well as the post the above quote was taken from.
I believe it was Sebastian who hypothesized after the Heller decision that people would stop supporting the anti-gun organizations because banning guns was off the table. Basically, if the end game wasn’t confiscation then what was the point? Dorf addresses that and arrives at essentially a softer version of the same conclusion.
What Dorf doesn’t address and perhaps doesn’t understand is that with the Heller decision gun rights supporters now see most existing gun control laws as infringing the rights guaranteed by the Second Amendment. Viewed through the lens of the First Amendment, any law that has a chilling effect (in the legal sense) on the exercise of the right to keep and bear arms should be struck down as unconstitutional. The outrage at having our rights violated motivates us and increases the intensity of gun rights people. Most hard core anti-gun people surely recognize at least some portion of this and are demoralized by it.—Joe]