The individual rights finding is pretty much a given after the oral arguments. The question is will it be just 5-4 or more like 6-3 or even 7-2. Depending upon how narrow the finding is it COULD be 7-2 if it is very narrow. If the finding is unexpectedly broad, then you could expect something closer to 5-4.
The common feeling is that it will be very narrow. Perhaps even too narrow to address the level of scrutiny (how rigid is the right). In DC you have a total ban and that pretty much fails ANY level of scrutiny.
If so, then you need a few more cases to set both the level of scrutiny (though "not infringed" should seem pretty clear) and to set incorporation (does the 2nd apply at the state level as well as federal). Chicago will probably be the site for the incorporation suit since it is almost directly comparable to DC's ban. The scrutiny issues could be decided anywhere there is a magazine capacity ban or AWB or even the machine gun registry, etc. Expect the next lawsuits to be filed immediately after the finding on Heller.
It is also possible, maybe even likely, that the flawed Miller decision will be addresed and put to rest.
Charon
