~ " --- she is following the law correctly."
"Correctly", only if you regard the 2nd Amendment as an arguable proposition.
It is not arguable, it is a clearly worded right of the people of the US, not to be infringed.
No, correctly in that she had/has no other choice under existing precedent.
She had a choice in the opinion I cited earlier. She refused to support the 2nd Amendment.
You can indulge in all the wishful thinking you want---that isn't going to change the reality of the situation one iota. The ONLY way the situation will change to the position you and I want is if the Supreme Court over-rules the Ninth Circuit. And the only way to assure that is to fight like hell to get "strict constructionist" judges appointed to any "Bush term" vacancies. Give Justice Brown's writings, I would support her in such an appointment.
I doubt she will agree with your position.
I suspect that if we do see a 'Bush Court' rule on the 2nd, they will rule that our individual right can be 'regulated' to exclude possession of any arms society deems reasonable, as per Canada, England & Australia.
Kiss your rights good by.
And if that happens, then the last sentence of my previous post applies. There "is" a limit to what gun-owners in the USA will put up with.
After doing a bit of Google, I found this in a previous thread (The Battle Over Janice Rogers Brown) here on Free Republic:
Janice Brown ping... RKBA proponents should read her opinions in the Nordyke vs Alameda and Great Western vs Los Angeles cases... the best part is the Kasler vs Lockyer case...
"The founding generation certainly viewed bearing arms as an individual right based upon both English common law and natural law, a right logically linked to the natural right of self-defense. Blackstone described self-defense as the primary law of nature, which could not be taken away by the law of society."
So it sounds to me like Justice Brown "does" agree with an individual RKBA, despite her ruling in the assault weapon case---upon which California law, Federal law, and precedent left her no choice but to rule as she did.