What Now?
Since the Supreme Court announced that they are going to review the DC gun ban case, now is probably a good time to review the case and its convolutions.
This case has been in the system for a number of years and its journey to the Supreme Court has been anything but a straight shot. Originally the case involved six DC residents who felt that their constitutional rights were being infringed by the District's strict gun control laws. While many believe that the case was developed and sponsored by the libertarian Cato Institute, there has never been any formal connection to Cato. Several people involved in the case do have close ties to Cato, but Cato did not fund or guide the case.
Besides the Second Amendment questions at the heart of this case, there is also a question of when a citizen has the right to challenge a law as unconstitutional. The Supreme Court has always held a liberal position on “standing” where constitutional rights are concerned, but the DC Circuit has developed their own precedents on “standing” which are much more constricting. Of the six original plaintiffs in the “Parker” case, only one, Dick Heller, was determined by the court to have “standing” in the case. The court said that the other five had not had their rights violated since they had not been “harmed” for exercising or attempting to exercise those rights.



