Reply #12: I hope your right.

[Statistical]

The only thing that worries me is....

Heller was 5-4. Despite the fact that Heller is now settled now judges are still human.

Technically the question is not does an individual right exist but does not right restrict states as well as fed govt.

So technically all 9 could vote yet but I don't see the 4 dissenters in Heller voting yes.
Under the letter of the law they should. They should accept Heller as settled and base their decision solely on if it is incorporated.
That won't happen though so that is 4 against.

All it takes is one. Kennedy?
One vote and it is 4-5

I am optimistic but I would be more confident if Heller had been 6-3 or if Souter was being replaced with someone from the 9th circuit (already ruled 2nd is incorporated).