In a 5 to 4 decision on June 12, 2008, the United States Supreme Court in Boumediene v. Bush, ruled that detainees being held at Guantánamo Bay can challenge their detention in federal civilian courts. In other words, five justices conferred constitutional rights upon non-citizen illegal combatants. The constitution does not even contemplate such an interpretation, but yet, Justices Kennedy, Ginsburg, Souter, Breyer and Stevens found that right in the document.
Very soon, the court will rule in DC v. Heller, the case dealing with the District of Columbia gun ban. If the five justice above can find a right in the constitution that was not even contemplated, then surely, they must find an individual right to arms in the Second Amendment. You see, the Second Amendment does talk about the right of the people, and since Justices Kennedy, Ginsburg, Souter, Breyer and Stevens seem to have an affinity for “erring” on the side of creating rights for individuals, it is going to be difficult for them to rule for the District.
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