Mark W. Smith, a constitutional attorney and U.S. Supreme Court Bar member, advises the Second Amendment movement to adopt an incremental litigation strategy, drawing parallels to the gay rights movement's decades-long journey to legal victories. He cautions against rushing cases, particularly those involving machine guns or unsympathetic plaintiffs, to the Supreme Court, as this could lead to unfavorable precedents that weaken existing protections.
This video advocates for a strategic shift in Second Amendment advocacy, moving from an unattainable 100% win model to a more achievable 51% win model. The speaker suggests that by celebrating incremental victories, such as winning four out of seven lawsuits or legislative pushes, the gun rights movement can ensure the preservation and strengthening of constitutional rights for future generations. This approach is likened to a game of inches, emphasizing consistent progress over infrequent, overwhelming victories.
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