Scalia has not yet authored an opinion on any of the cases heard in March, the only Justice not to have done so. Several commentators note that the Justices like to balance things out. Mike O’Shea speculates that Scalia would be likely to emphasize that the Second Amendment protects an individual right, but might not press for incorporation against the states.
Very interesting, but as O’Shea himself says, “I look forward to the Justices rendering most of my prognostications about Heller moot by deciding the case — hopefully tomorrow.” That is, today, Wednesday, as I type this. I think he’s wrong on that; it’ll be Thursday.
Tags: Concurring Opinions, Heller, Mike O'Shea, Scalia