According to Dave Kopel, the answer is yes, most definitely yes. The first case, Quilici v. Village of Morton Grove, is over, and the damage is done. The second case, Silveira v. Lockyer, has already done considerable damage to gunrights and may yet do more.
All judges are human. All humans are political and biased. We want our judges to be above politics and beyond bias, indeed we expect our judges to be above politics and beyond bias, but we want our lawyers to know better. Sorry, the U.S. judicial system is a political system. So, here are some things to remember, organized in a fashion to be chanted:
The judicial system is political!
The judicial system is political!
The judicial system is political!
Choose your venue carefully!
Choose your venue carefully!
Choose your venue carefully!
Choose cases that will win!
Choose cases that will win!
Choose cases that will win!
Work from small to large!
Work from small to large!
Work from small to large!
Grandstanding beginners, looking to make a name for themselves, are right out!
Grandstanding beginners, looking to make a name for themselves, are right out!
Grandstanding beginners, looking to make a name for themselves, are right out!
Via the Volokh Conspiracy.
