THE BLOG

How Many Second Amendment Cases Will the NRA Lose?

10/06/2011 01:54 pm ET | Updated Dec 06, 2011

For
the NRA, it was not supposed to be this way. After the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment granted a limited right to have a gun in the home, the NRA bragged that it was just the "

Yet three years, 400 legal challenges, and "millions of
dollars in [NRA] legal bills
" later, all the gun lobby has had to show for its efforts is a growing
body of case law
affirming the right of
the people to have strong gun laws short of a total handgun ban. Just last week, the same Texas judge who was previously overruled for ruling that domestic abusers have a right to own guns

But the biggest case was yet to come. After
the Heller ruling, Washington, D.C. enacted

So the NRA teamed up with Dick Heller himself to file

Yet, in what the Wall Street Journal

Citing and

And while the NRA has claimed that handgun
registration amounts to an unconstitutional atrocity

The majority also took the unusual step of issuing a
lengthy "appendix" lambasting Judge Brett Kavanaugh's
flawed dissent that would have allowed AK-47 arsenals in the nation's capital. The majority rips Judge Kavanaugh's
suggestion that gun laws must be struck down even if they serve a "compelling
government interest in preventing death and crime." Rather, the majority correctly points out
that it is the job of the people through their elected officials, not activist
courts, "to determine in the first instance whether banning semi-automatic
rifles in particular would promote important law-enforcement objectives."

Lastly, while Judge Ginsburg concluded that several
of Washington, D.C.'s laws were "novel," he refused to strike down any of those
as well. Instead, he gave the District
of Columbia the opportunity "to develop a more thorough factual record" at
which point the court must "accord substantial deference" to the District's
evidence. So far, such deference has
resulted in

The NRA's dreams that District of Columbia v. Heller would result in a free-for-all of
gun-toting teens and AK-47 arsenals has so far been soundly rejected.  Instead, the NRA's litigation has led to a
host of well-reasoned decisions from Republican-appointed judges upholding
strong gun laws. While the NRA recently
complained in an e-mail to its members that it is facing "a series of Second
Amendment disasters," who knew they'd be in cases handpicked and funded by the
NRA itself?