Matt Z wrote:
"The Supreme court does interpret the constitution but they *CAN'T* change it. Repealing an amendment requires a 2 thirds majority AND 3 quarters of all states. Besides that the 2nd amendment is in the Bill of rights. There is no legal precedence for changing anything in the bill of rights. I would dare say it would be considered taboo." - Ironman
No, the Supreme Court can't repeal an amendment, but it can overturn a previous Supreme Court ruling. If the Supreme Court rules that there is no individual right to keep and bear arms, as some argue, then there would be no need to repeal the Second Amendment.
They can overturn a ruling, or strike down a law. They can't rule there is no right to bear arms. "legislating from the bench" is just so much Carl Rove BS. Basically not making the most conservative ruling is legislating from the bench.
If Thomas died, he would get replaced with someone who is at least somewhat liberal. This would allow gun laws not to be struck down. However the law would still have to be made first.
States can't pass total gun bans because of he 2nd amendment. However they can enact tougher gun control laws right now, over the last 8 years or whenever they want.
I really doubt I am going to see any of those bills make it past committee. That is because voting for something like that is political suicide anywhere but the east or west coast. I will predict any such measures making it to the senate floor will be defeated 72 to 28. That of course is in the very unlikely event the republicans don't just philibuster it.