And So It Begins...

Oral arguments in District of Columbia v. Heller before the Supreme Court of the United States are scheduled for tomorrow morning. Audio of the arguments will be made available shortly afterward so we can hear what everyone said.

There's no telling exactly when the actual decision will be handed down.

I predicted the outcome of the Kelo decision months before it was handed down based on the two prior precedent-setting cases. Here, the most recent thing we've got is Miller.

I'm betting on a 5-4 decision, but which way? I honestly don't have a clue. It depends on whether there are five intellectually honest judges on that bench, or five willing to "create magnificent legal edifices on elliptical constitutional phrases - or even the white spaces between lines of constitutional text," or to simply "(bury) language that is incontrovertibly there."

Because any decision that upholds the D.C. ban will have to be built on the white spaces between the lines of text, on top of a foundation of the words they will have to bury six feet under.

This decision may not tell us if we will be able to remain, as Rev. Donald Sensing put it sometime back, at least "minimally truly free," but it might very well tell us that such hope is well and truly gone.

Either way, ΜΟΛΩΝ ΛΑΒΕ.

The next überpost will be delayed until after the oral arguments and the resultant commentary.