February 26, 2009

I’VE BEEN MEANING TO WRITE SOMETHING about the Supreme Court’s Hayes case, but I’ve been both busy and sick. But Brian Doherty has some thoughts. I agree that it’s not really a gun-rights case. I’m inclined to think that the Court got it wrong — that, particularly where an enumerated right is concerned, criminal statutes that burden it should be strictly construed with ambiguity resolved in favor of freedom rather than regulation — but I don’t see this as a huge deal. I’m going to look at it more closely when I turn back to the piece on post-Heller cases that Brannon Denning and I are writing for Hastings, but that won’t be for a little while.