Judge Silberman says:
The interesting question now that is going to go before the Supreme Court is whether the Second Amendment is incorporated. . . . It would be anomalous for the Supreme Court to conclude that the Second Amendment creates or protects an individual right to keep and bear arms, but it does not apply vis a vis the states.
He goes on to explain that the wording of the 2nd Amendment itself is broad enough to preclude the States from making laws infringing on the right to keep and bear arms. Regardless of whether "incorporation doctrine" is applied or not.
I wouldn't be surprised to see Judge Silberman appear on the short list for SCOTUS appointees in the next Republican administration, which should begin in Jan 2012.
Stay tuned for episodes 3-5.
Aaron B. Gardner
Crossposted at RedState