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The high court declined to review the 5th Circuit's opinion in United States v. Emerson, 270 F.3d 203, and Volokh thinks it will likewise steer clear of the 9th Circuit ruling. Since Reinhardt's opinion came in a challenge to California's assault-weapons ban, overruling it would require the high court to strike down the law, something Volokh doubts the court would do.

But, said Volokh, "Now we really have a debate on the issue."

Great, just great. Here we have a Circuit Court which has jurisdiction over 20% of the people in this country stating that the 2nd Amendment is a "collective right" (WTF is that?), and that no individual citizen can ever challenge a gun control law by relying upon the 2nd, because they will lack standing to do so - and screw the facts. This is in complete opposition to the Supreme Court's own Miller decision in 1939 (where the MERITS of the case were hashed out, which by itself indicates that an individual citizen DOES have standing), yet the Supremes won't hear this case because it might mean striking down a law? What? Excuse me? Well, what if the law said that anyone practicing X faith was to be drawn and quartered without a trial - would the Supremes fail to take the case because they might have to strike down a law???

It seems to me that one of the primary things that the Supreme Court should do is to strike down unconstitutional laws. What good is the Court if it won't do that?

Oh, but we get to have a "debate." You all know what this means - lying anti-gunners (/oxymoron) spreading false information about both guns and gun owners in an attempt to defame the latter and cloud the debate on the former; sensationalist press conferences, "news" reports showing full auto weapons when the topic is SEMI-autos, etc. THAT will be the debate, because that has always been the debate, ever since at least the 1930's when machine guns were first regulated.

I really hope that Volokh is wrong, and that the Supremes take the case.

"I really hope that Volokh is wrong, and that the Supremes take the case."

I think they just might, because they can rule on the individual right issue without any immediate practical consequences. They simply reverse the dismissal for lack of standing, and let the plaintiff's argue that the ban is a violation of the RKBA. They will lose at trial, and with the 9th, then the SCOTUS can ignore the case because there is no conflict among the circuits,

I really hope that Volokh is wrong, and that the Supremes take the case.

You better not have hope. The supreme court has on numerious occasions just thrown the constitution out the window, and nothing has been done about it. I fear without one more conservative, it would effectivly kill the second amendment forever in practise. I don't trust O'Connor on this. We need at least one more, possibly even 2 to guarantee. If Roe vs. Wade, and affirmative action are still the law of the land, then you should know nothing is sacred to them.