Hunyo 29, 2008

"My loony bun is fine, Benny Lava."

Via Andrew Sullivan, the ultimate in misheard lyrics:



Amusingly misheard lyrics can be called mondegreens, as explained here by Gavin Edwards:
Misheard lyrics come with many alternate names, only some of which form compound nouns when joined with the word "boneheaded." Some of the names that have been used: Music Ear Disturbance, disclexia, chronic lyricosis, and Litellas (after Gilda Radner's befuddled Saturday Night Live character). The technical term prized by aficionados is mondegreen. If your dictionary doesn't include "mondegreen," throw it out and buy a better one.

The term "mondegreen" was coined by Sylvia Wright in a 1954 Atlantic article. As a child, young Sylvia had listened to a folk song that included the lines "They had slain the Earl of Moray/And Lady Mondegreen." As is customary with misheard lyrics, she didn't realize her mistake for years. The song was not about the tragic fate of Lady Mondegreen, but rather, the continuing plight of the good earl: "They had slain the Earl of Moray/And laid him on the green."...

Any misheard lyric is an impromptu audio Rorshach test. It can be alarming to discover that significant parts of our brains want pop songs to cover the lyrical topics of cheese, walruses, and clowns....

Some people never learn the words to a favorite song--or transmute them into something more to their own taste. My friend Alma liked Billy Idol's "Eyes Without a Face" because she thought the title was "I supply the fish."
We hear what we love to hear.

ADD: I gotta get my Fred and Wilma. (These song translations are a whole genre on YouTube. Click around.)

"'My name is such a vanilla, white-girl American name,' said Ashley Holmes of Indianapolis..."

"... who changed her name online 'to show how little meaning "Hussein" really has.'"

She's one of those young Obama supporters who've adopted "Hussein" as their middle name.

I assume they see themselves as good-hearted and idealistic, but:

1. How did you become estranged from your own name, to regard it — as opposed to yourself — as vanilla, white, female, and American, and to think of that combination in a negative way?

2. Why do you think the name "Hussein" has little meaning and that people who have that name appreciate your demonstration that is has little meaning? You're propagating the idea that "Hussein" is a dirty word — associated only with Saddam Hussein — that ought to be deactivated by repetition, as opposed to an honorable name within a respected tradition.

IN THE COMMENTS: Pelkabo said:
Hilarious. The photo, and the entire story, are right out of "Stuff White People Like".

Don't these kids realize that what they're doing makes them appear even whiter?

So true. I added the link to SWPL.

MORE IN THE COMMENTS: XWL said:
My first thought at the photo atop the NYT article, 'That's totally Obambacrombie & Fitch'...

Hunyo 28, 2008

"Should Sir Robert Walpole have come to Parliament as a Fop in a Bag, instead of his habitual full-bottom'd Wig..."

"... 'twould have sent the Town into a Tizzy, more than his being seen kissing Mrs. Skerritt in the Theatre."

Sir Archy, our ghost commenter, dead these last 250 years and more, has made an appearance on this post.

"Do you know what a female peacock is?"

Are you watching the HBO marathon of all the old George Carlin comedy specials?

ADDED: "Have you noticed that mice have no shoulders at all?"

"Bill said Obama would have to quote kiss my ass close quote, if he wants his support."

Bill Clinton is still pretty upset about things. (Via Memeorandum.)
[T]he former president's rage is still so great that even loyal allies are shocked by his patronising attitude to Mr Obama, and believe that he risks damaging his own reputation by his intransigence....

[One] source said that the former president has kept his distance because he still does not believe Mr Obama can win the election....

It has long been known that Mr Clinton is angry at the way his own reputation was tarnished during the primary battle when several of his comments were interpreted as racist.

But his lingering fury has shocked his friends.... "He's been angry for a while. But everyone thought he would get over it. He hasn't. I've spoken to a couple of people who he's been in contact with and he is mad as hell.

"He's saying he's not going to reach out, that Obama has to come to him. One person told me that Bill said Obama would have to quote kiss my ass close quote, if he wants his support....

"Bill Clinton knows the party will unite behind Obama, but he is telling people he doesn't believe Obama can win round voting groups, especially working-class whites, in the swing states," the strategist said.
Well, that's all very juicy... but isn't it interesting that we're hearing this just as Hillary and Obama are making their big public show of unity?

Harmony.

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Ed Morrissey is flat wrong when he says that Obama contradicted himself about the D.C. gun case.

Here's the video that Morrissey thinks shows a contradiction so obvious that it means Obama doesn't "get YouTube":



Both statements are so long that it's hard to match up all the elements and find what is supposed to be a contradiction. (I always wonder why we find Obama so exciting when his rhetorical method is often to bore us to the point of inattention.)

Morrissey says:
Yesterday’s assertion by Barack Obama that he never said the DC gun ban overturned by the Supreme Court was constitutional or that he supported it became the latest in his flip-flops to be exposed by a simple review of the videotape record.
Let's look at the text. Obama's June 26th statement is:
I believe in the Second Amendment as being an individual right and have said that consistently. I also think that individual right is constrained by the rights of the community to maintain issues [sic] of public safety. I don't think those two principles are contradictory and in fact what I have been saying consistently is what the Supreme Court essentially said today. The D.C. law may have been struck down, but they also affirmed the right for local communities to engage in background checks and other common sense laws that most lawful gun owners would agree with. And so I think that we can move beyond some of the conflicts on this issue, make sure that law-abiding gun owners have their rights respected, and at the same time, make sure that we don't see the kinds of murder and devastation that we've seen on the streets of so many of our cities.
What did Morrissey miss? In the new video Obama never says that that he thought the Supreme Court was right when it said that the D.C. law was unconstitutional. He said he believed the individual rights theory of the Second Amendment. He says that there can be an individual right and, at the same time, "common sense" safety laws. He says this is "essentially" the position the Supreme Court took. So there is a core meaning of the Supreme Court case that he agrees with. Period. Next, he states that "The D.C. law may have been struck down," but he does not say that he agrees with that part of the decision. He does not say that that the majority got the balance right when it decided how forceful the individual right was when balanced against the safety interests of the community.

In the older video, Obama is asked about the D.C. ban, and he states the same idea that reasonable regulations can coexist with respect for gun rights. He's asked about the D.C. law, but he never states that it's constitutional, and in any case, he never mentions the part of the law that the Supreme Court ultimately found unconstitutional. He talked about background checks and illegal guns on the street, not guns kept in the home for self-protection.

In neither video clip does he say whether he thinks there is a Second Amendment right to have a unlocked handgun in the home for self-defense.

There is no contradiction!

YouTube — this thing Morrissey thinks Obama doesn't get — can be used to put up videos along with jabbing, mocking, false assertions about what they say. I think it's Morrissey who doesn't get YouTube because he doesn't realize that bloggers will actually watch those video clips and examine the fit between transcript and your assertions and tell you when you are flat wrong.

ADDED: Let me add that I think it is most likely that Obama does agree with the dissenting opinions in the Supreme Court. Also, I do recognize that in the older video, Obama seems to go along the questioner's statement that the D.C. law is constitutional. But the questioner doesn't specify the part of the law that the Court struck down — that is, the possession of an unlocked handgun in the home — and that Obama goes on to speak positively about the use of guns for protecting your family.

Where Morrissey is most plainly wrong is in saying that the new video shows him saying that the D.C. law was unconstitutional. He does not.

Now, he is being cagey. The interviewer should have had the wits to ask a follow-up: Do you think the Court was right to say there is a Second Amendment right to keep an unlocked handgun in the home? I think he would probably have given a cagey answer even to that, but the fact is that the video shows no attempt to pin him down.

Another follow-up question is: If you are elected President and have the opportunity to appoint a Supreme Court Justice, will you nominate someone who interprets the Constitution like Justices Stevens, Souter, Ginsberg, and Breyer, who found no right to keep an unlocked handgun in the home, or someone like Scalia, Roberts, Kennedy, Thomas, and Alito, who found such a right? Could someone ask him that?

UPDATE: Allahpundit has this clip showing Obama saying:
Well, you know, what I've consistently said is that I believe that the 2nd Amendment means something, that it is an individual right, and that's what the Supreme Court held. So I agree with that aspect of the opinion. What I've also said is that every individual right can be bound by the interests of the community at large. And the Supreme Court agreed with that as well.

It looks to me that the D.C. handgun ban overshot the runway, that it went beyond constitutional limits. But it doesn't mean that local communities can't, you know, pass background checks, that they can't make sure that they're tracing guns that have been used in crimes to find out where they got them from. So there's still room for us to, I think, have some common-sense gun laws that are also compatible with the 2nd Amendment. And the key is to try to stop using this as a wedge issue and let's figure out an intelligent way where we can stop having kids being murdered on the streets of American cities while making sure that law-abiding gun owners are protected in their rights.
(I'm using the transcript from RCP.) So Obama finally does throw his lot in with the majority — using very mild language. It's not a terrible violation of rights, but just an accidental misjudgment of the line between what government can and can't do — that is, it "looks" as thought the government went too far. If someone asks him, why did he seem to say it was constitutional last winter, I think I know what he'll say. (A lawprof knows lawprofitude.) He'll say that from his perspective at the time it looked as though the government had hit the runway, but it's a difficult line, and with the detailed elaboration provided by the Supreme Court, he understands the perspective that sees the runway as having been overshot. But the important thing is to get beyond this divisive, polarized thinking and recognize that we all agree that public safety and gun rights are both important and that reasonable people can come together and find the right balance, so that we can preserve our valued traditions and overcome the terrible violence that has plagued the streets of our cities.

Allahpundit says:
(Lesser informed voters probably don’t realize he’s flip-flopped at all, a fact he’s surely counting on.) Wouldn’t be the first time a politician’s maneuvered during the general election to claim the center, but of course the Messiah is no ordinary politician according to his apostles. Is any of this doing damage to his aura as the avatar of liberal Hopenchange?
See I think flipflop and Messiah are the wrong words (though I understand why you want those words to stick). Flipflopping is a noisy, jerky motion from one side to the other. But Obama is all about smoothing out all the rough spots, showing how seemingly disparate positions can be reconciled. The reason he can do it is not that he has divine powers or anything like them. He's a law professor. He's doing the law professor thing so plainly that it makes me want to get out my laptop and surf the internet or IM my friends about how bored I am.

"Oppo Research in the Tradition of Einstein."

Byron York finds a WaPo article "unintentionally amusing."

And disturbing:
But the article has a pretty clear subtext, and it is that the exchange of such information on the Internet should be controlled.

ADDED: The phrase "a scholar with two Ph.D.s" impresses some folks more than others.

Kabbalah blahs.

Was it really religion that drove a wedge between Guy Ritchie and Madonna?

"As always with Obama, it's a question of who the rubes really are. It's the power of glamour."

Writes Glenn Reynolds, quoting me — and possibly implying that I'm one of the rubes. On "glamour," he links to this, from Virginia Postrel. Postrel makes a distinction between "charisma" —"a personal quality that inspires followers to embrace the charismatic leader's agenda" – and "glamour" — which "encourages the audience to project its own yearnings onto the glamorous figure."
When voters motivated by charisma disagree with the leader they've backed, they support him anyway and possibly even change their minds about the right policy course. When voters motivated by glamour disagree, they become disillusioned and angry.
But then why haven't Obama's supporters gotten mad?

I have to think psychological phenomena are far more complex. It can't be that there really is a substance "charisma" and a substance "glamour" that one can possess and that have specific, different effects on other people.

And does it really help to use those terms — with their weird roots in religion and witchcraft?

It might be better to think about the difference between a leader and a figurehead. (Obama's potential as a figurehead is much more apparent than his potential as a leader.) But I think you can get angry and disillusioned at either.

What does any of this have to do with who ought to be considered a "rube"?

I think Glenn is alluding to Obama's shot at those people in "small towns in Pennsylvania, and like a lot of small towns in the Midwest" who "get bitter [and] cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."

The idea seems to be that what really makes you a rube is not where you live but whether your politics spring from unexamined emotions.

If that's what his gnomish concision is about, let me say that I didn't vote for Obama in the primary because I projected a dopey enthusiasm onto a glamorous blank screen. Forced to choose between Clinton and Obama, I voted for Obama — even though he stated positions that were farther from what I want than Clinton's — because I thought he had more mental flexibility and pragmatism, that he was more likely absorb and process evidence and advice and exercise sound judgment.

ADDED: Glenn, being less gnomishly concise, explicitly strikes my name from the list of possible rubes.

Exorcism and the First Amendment.

The Texas Supreme Court reversed a judgment against the Pleasant Glade Assembly of God Church:
The Supreme Court, in a 6-3 opinion, said the church's exorcism sessions were a matter of church doctrine and were thus subject to certain, though not absolute, First Amendment religious protections....

In her original suit against the church, Laura Schubert said she suffered lasting emotional trauma in 1996 when, on two separate occasions in one week, church members held her down and "laid hands" on her while she cried, kicked, clenched her fists, gritted her teeth and made guttural noises.
Here's the opinion. Key passage:
The “laying of hands” and the presence of demons are part of the church’s belief system and accepted as such by its adherents. These practices are not normally dangerous or unusual and apparently arise in the church with some regularity. They are thus to be expected and are accepted by those in the church. That a particular member may find the practice emotionally disturbing and non-consensual when applied to her does not transform the dispute into a secular matter. “Courts are not arbiters of religious interpretation,” and the First Amendment does not cease to apply when parishioners disagree over church doctrine or practices because “it is not within the judicial function and judicial competence to inquire whether the petitioner or his fellow worker more correctly perceived the commands of their common faith.” Thomas v. Review Bd., 450 U.S. 707, 716 (1981). Because determining the circumstances of Laura’s emotional injuries would, by its very nature, draw the Court into forbidden religious terrain, we conclude that Laura has failed to state a cognizable, secular claim in this case. See Ballard, 322 U.S. at 86.
From the dissenting opinion by Chief Justice Jefferson, agreeing with the majority that "under the cloak of religion, persons may [not], with impunity,’ commit intentional torts upon their religious adherents":
Unfortunately, this is precisely what the Court’s holding allows. Here, assuming all facts favorable to the verdict, members of Pleasant Glade restrained Schubert on two separate occasions against her will. During the first encounter, seven members pinned her to the floor for two hours while she cried, screamed, kicked, flailed, and demanded to be released. This violent act caused Schubert multiple bruises, carpet burns, scrapes, and injuries to her wrists, shoulders, and back. As she testified, “I was being grabbed by my wrists, on my ankles, on my shoulders, everywhere. I was fighting with everything I had to get up, I was telling them, no. I was telling them, let go, leave me alone. They did not respond at all.” After Schubert “complied with what they wanted [her] to do,” she was temporarily released. Fifteen minutes later, at the direction of Pleasant Glade’s youth pastor, a different group of seven church members physically restrained her for an hour longer. After this experience, Schubert was “weak from exhaustion” and could hardly stand.

Three days later, a male church member approached Schubert after a service and put his arm around her shoulders. At this point, Schubert was still trying to figure out “what had happened” at the previous incident, “wasn’t interested in being touched,” and resisted him. As Schubert testified, “I tried to scoot away from him. He scooted closer. He was more persistent. Finally, his grasp on me just got hard . . . before I knew it, I was being grabbed again.” Eight members of Pleasant Glade then proceeded to hold the crying, screaming, seventeen year-old Schubert spread-eagle on the floor as she thrashed, attempting to break free. After this attack, Schubert was unable to stand without assistance and has no recollection of events immediately afterward. On both occasions, Schubert was scared and in pain, feeling that she could not breathe and that “somebody was going to break [her] leg,” not knowing “what was going to happen next.”...

I agree with the Court that certain claims for emotional damages are barred by the First Amendment—if Schubert were merely complaining of being expelled from the church, she would have no claim in the civil courts. But again, this case, as it was tried, is not about beliefs or “intangible harms”—it is about violent action—specifically, twice pinning a screaming, crying teenage girl to the floor for extended periods of time. ...

The tort of false imprisonment is a religiously neutral law of general applicability, and the First Amendment provides no protection against it. Employment Div. v. Smith, 494 U.S. 872, 879 (1990) (“[T]he right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).")
If you voluntarily become a member of a church that has a ritual that involves restraining individuals against their will when they are seen as possessed, can you sue the church for false imprisonment when it subjects you to that ritual?

IN THE COMMENTS: Amba writes:
It also reminds me of saying, if you knowingly married a man who was abusive, the state should not intervene in domestic violence.
Isn't it more like the case a person who decides to participate in sado-masochistic activities and then decides at some point that this isn't what she agreed to? In a tort suit, the issue would be the scope of consent. The problem in the Texas case was that the court thought it would require an examination of religious doctrine to determine the scope of her consent.

Chip Ahoy writes:
I should have known by the sign outside the cute little white church building that the High Octane Holy Roller Wild-Ass Aggressively Evangelical Old-World Church of Omnipresent Powerful Take-No-Prisoners God, that this might not be my style of congregation, but I decided to overlook that little signal and join anyway, and this was Texas, after all.
Jennifer asks:
Especially when you return for a service three days after they already did it to you twice?

Maybe I'm being unsympathetic but I'm straining to understand why someone would trash and scream and flail against known people for hours on end when not acting possessed would keep you physically safer and allow your physical freedom sooner?
Good observations. The screaming and crying — within the church's belief system — could have been seen as the evidence of possession. If the state says to the church, you were required to see her struggle as the reason you had to let her go, it would be saying, you are not allowed to act on your belief in demonic possession.

Joe R. says:
If she were 17 years old, I'd guess that she was being forced by her parents.
Paddy O. writes:
I was a little unsympathetic too, until I read she was 17....

My initial lack of sympathy for this as a court case was also far outweighed by my sympathy as someone interested in churchy things. In that respect this is outrageous. Because it's not about this girl at all. It's about very, very immature men and women trying to play at being super-Christians and instead being laughed at by forces natural and super-.

The girl is a victim--a victim of atrocious theology and spiritual abuse that will likely drive her away from thinking there is any comfort in churches and probably try to find comfort in less than holistic ways. Maybe not. Let's hope she is able to move on in her life, spiritually and emotionally.

Hunyo 27, 2008

Happy Friday.

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Krauthammer frets about Obama's flipflops.

Here. Every single one of those flipflops has been an improvement, in my opinion, so am I supposed to reject Obama for flipflopping? I voted for Obama in the Wisconsin primary in part because I predicted he'd turn out to be flexible and pragmatic. I do agree with Krauthammer that it's funny the way the people who fell for the Obama of the primaries — who, unlike me, actually liked those positions he was taking — are letting him get away with the flipflop. I suppose, just as I convinced myself that the real Obama was not the one I was seeing back then, they are convincing themselves that the real Obama is not the one they are seeing now. And this is funny (from Best of the Web):
Glenn Greenwald of Salon.com and Keith Olbermann of MSNBC are in the midst of a bitter feud.... At issue is Barack Obama's flip-flop on legislation currently pending that would update the Foreign Intelligence Surveillance Act.... In January, Greenwald reports, Olbermann delivered an unhinged rant in which he called the immunity provision a "shameless, breathless, literally textbook example of fascism"--and in case you thought he meant the nongenocidal Italian kind, he also likened proponents of immunity to "the bureaucrats of the Third Reich."... Olbermann... rails against "fascism," then yields to it in the name of political expediency. Obama does the same thing in a more soothing manner.
Greenwald, on the other hand, is consistent (-ly wrong).

What's not "classy" about fashion and the human body?

And since when is feminism about staying "classy"? And are those mudflap silhouettes you've got there classy?

Scalia and women's rights: A handgun "is easier to use for those without the upper-body strength to lift and aim a long gun."

In District of Columbia v. Heller, yesterday's Second Amendment decision, Justice Scalia responded to the argument that "it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed":
It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon. There are many reasons that a citizen may prefer a handgun for home defense: It is easier to store in a location that is readily accessible in an emergency; it cannot easily be redirected or wrestled away by an attacker; it is easier to use for those without the upper-body strength to lift and aim a long gun; it can be pointed at a burglar with one hand while the other hand dials the police. Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.
Should we read that boldface as a statement about women's rights? Scalia uses a gender-neutral expression — those without upper-body strength — but we know that on average, women have less upper-body strength than men. To say it's enough that you can have a long gun is to put a greater burden on women, is it not?

In fact, the argument about handguns and upper-body strength is explicitly a women's rights argument in at least one briefs. Read this amicus brief from 126 Women State Legislators and Academics (PDF):
The District would like to restrict women's choice of firearm to those it gauges most appropriate rather than to allow rational women the ability to decide whether a handgun is more suited to their needs. Petitioner's Brief cites two articles from firearms magazines in which a shotgun is mentioned as appropriate for home defense. Pet. Br. at 54-55. An assembled shotgun is certainly better than nothing and could provide deterrence benefits provided it is accessible to a woman. However, most women are best served by a handgun, lighter in weight, lighter in recoil, far less unwieldy for women with shorter arm spans, and far more easily carried around the home than a shotgun or rifle. Moreover, women who are holding a handgun are able to phone for assistance, while any type of long gun requires two hands to keep the firearm pointed at an assailant....

Women are at a severe disadvantage when confronting a likely stronger male assailant. In general, women simply do not have the upper body strength and testosterone-driven speed to effectively defend themselves without help. A firearm, particularly an easily manipulable handgun, equalizes this strength differential and thereby provides women the best chance they have of thwarting an attacker. Even more statistically likely, a firearm in the hands of a threatened woman offers the deterrence empty hands and an often unavailing 911 call do not.... Even in cases in which a 911 response would be effective, an attacker in control of the situation will not allow a woman to pick up the phone to make that call.

The morning after the Second Amendment case.

1. I did an hour-long call-in show on Wisconsin Public Radio at 6 a.m. this morning. You can stream the audio here. We had lots of callers — and in case you're wondering how things are in Wisconsin — every single one supported gun rights.

2. Here's lawprof Randy Barnett in the Wall Street Journal, making some predictions. 1. The Second Amendment will be applied to the states via the 14th Amendment. (This issue didn't arise in the D.C. case, but "Justice Scalia acknowledges that the 39th Congress that enacted the 14th Amendment did so, in part, to protect the individual right to arms of freedmen and Southern Republicans so they might defend themselves from violence.") 2. "[M]ost existing gun regulations falling short of a ban will eventually be upheld. But more extreme or merely symbolic laws that are sometimes proposed – whose aim is to impose an 'undue burden' by raising the cost of gun production, ownership and sale – would likely be found unconstitutional."

3. Lawprof Sandy Levinson talks about the effect of the decision on the presidential race:
As a partisan Democrat, I confess to being relieved that the dissenters did not prevail, for the upholding of the D.C. ordinance would, in effect, have served as a massive in-kind campaign contribution to John McCain.

Just imagine what might happen if Justice Kennedy had joined his more moderate colleagues, as he did just the day before in providing the all-important fifth vote to invalidate the death penalty for rapists of children. One sudders at the prospect of Sen. McCain, or some 527group, saying the current Court both wants to protect child rapists and prevent parents from possessing handguns to defend themselves and their children against such marauders. Now all that Sen. McCain can say is that “only one vote” stands between the protection of gun rights and the ability of the state to “take away your guns.”
And he can't stand the historical analysis:
If one had any reason to believe that either Scalia or Stevens was a competent historian, then perhaps it would be worth reading the pages they write. But they are not. Both opinions exhibit the worst kind of “law-office history,” in which each side engages in shamelessly (and shamefully) selective readings of the historical record in order to support what one strongly suspects are pre-determined positions. And both Scalia and Stevens treat each other—and, presumably, their colleagues who signed each of the opinions—with basic contempt, unable to accept the proposition, second nature to professional historians, that the historical record is complicated and, indeed, often contradictory....

Both Scalia and Stevens manifest what is worst about Supreme Court rhetoric, which is precisely the tone of sublime confidence when addressing even the most complex of issues.
Yes, this is the convention, unfortunately, and it prevails among many commentators too.

3. Here's the New York Times editorial:
In a radical break from 70 years of Supreme Court precedent, Justice Antonin Scalia, writing for the majority, declared that the Second Amendment guarantees individuals the right to bear arms for nonmilitary uses, even though the amendment clearly links the right to service in a “militia.” The ruling will give gun-rights advocates a powerful new legal tool to try to strike down gun-control laws across the nation.

This is a decision that will cost innocent lives, cause immeasurable pain and suffering and turn America into a more dangerous country. It will also diminish our standing in the world, sending yet another message that the United States values gun rights over human life.
See what I mean? The Times goes on to say:
Senator John McCain has said he would appoint justices like Chief Justice John Roberts and Justice Samuel Alito — both of whom supported this decision. If the court is allowed to tip even further to the far right, there will be even more damage done to the rights and the safety of Americans.
But, of course, Barack Obama said the Court got the case right. How then does the perceived wrongness of the case cut against McCain? The Times is conceding a point about Obama that he might not want to concede! It is assuming that, whatever he says about the case, he will appoint the kind of Justice who would have decided it the other way.

4. There is an immense amount of great commentary at Volokh Conspiracy: Randy Barnett ("I believe Justice Scalia signaled that regulations short of a ban should be scrutinized the way we do 'time, place, and manner' regulations of speech when he equated the Second Amendment with the First..."), Jim Lindgren (on whether the Court created a "new right"), Orin Kerr (noting that Justice Breyer "tak[es] different approaches depending on which side of the culture wars the challenged law happens to fall"), Ilya Somin (warning that "judicial recognition of a constitutional right is only the beginning of the struggle to provide genuinely effective protection for that right"), Dale Carpenter (making 7 points about the case), Eugene Volokh (noting that academic scholarship really mattered, but not as much as who appoints the Justices).