Initial Thoughts on Heller:

Our server has been mostly down for the last hour and a half due to the incoming traffic; sorry for the inconvenience, which has been as frustrating for us as for you. On the bright side, that gave us some time to read the opinions. My basic thought after reading Justice Scalia’s majority opinion is that it is relatively narrow — in the sense that it leaves a lot for another day. It recognizes the individual right (citing, by my count, 3 articles by Eugene and one by Randy, not that we academics count such things), but does not resolve the degrees of scrutiny, does not address incorporation, and indicates (without establishing) that traditional gun restriction laws are valid.

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