How will the Tucson shooting affect Justice Kennedy’s vote in the next 2nd Amendment Case?

January 14th, 2011

As I noted, Justice Kennedy, the Circuit Justicefor the 9th Circuit, was present tt the Tucson memorial service. Sebastian at Snowflakes in Hell queries whether this will affect the future of the 2nd Amendment:

Word has it that Justice Kennedy was at the memorial service, along with former Justice O’Conner. I fear this could bring gun rights progress in the federal courts to a screeching halt if it’s making someone like Kennedy reconsider his position, or how far he wants to take the right. It’s my impression the Heller and McDonald majorities were very weak, otherwise we could have gotten stronger language from the Court. Did it just get weaker? Time will tell.

This is a very good point. I seem to recall reading somewhere that someone in Justice Kennedy’s life was a drug addict, and this may have affected his vote in Gonazales v. Raich. I wonder whether the tragedy in Tucson may affect Justice Kennedy’s mind for the next big Supreme Court 2nd Amendment case–particularly a case involving the right to carry a gun outside the home.