Whatever you think of Obama's sincerity, his Heller
reaction does reflect significant rightward movement by the
national Democratic Party on gun control. As recently as the 1990s,
a Democratic presidential candidate would have been expected to
denounce a Supreme Court decision like Heller and complain
about a right-wing takeover of the courts. Even in his February
statement on the D.C. handgun ban, Obama took pains to say that he
wouldn't take guns away from people in Flyover country, just people
in urban areas. I'll let others unpack some of the implications of
this logic, but Obama has adopted the political approach pioneered
by Howard Dean: let liberal areas of the country enact gun control
laws but don't directly challenge the gun culture in more
conservative parts of the country. He has obviously moved even
further in this direction as he has to reach out beyond Democrats
and win battleground states like Ohio and Pennsylvania.
These political concessions have limited policy implications, of
course. My guess is that a unified Democratic government will be
far more reluctant to advance gun control legislation than Bill
Clinton and the Democrats in Congress were in 1993-94. But a
President Obama would be likely to appoint judges who are hositle
to Second Amendment rights and gun rights would become less secure
as Democratic majorities became more secure.
topics:
Law, Supreme Court