DC git yer guns - now or later?

Robert Levy scolds Congress for taking the steam out of his lawsuit, Parker v. District of Columbia, by proposing legislation that would repeal the gun ban in DC. I don't pretend to understand the finer points of law that he references but it seems to me he speaks in absolutes on a matter that is fraught with uncertainties and if you cut through the lawyerly talk, he's basically saying - don't screw up my case.

He makes some interesting arguments, but one has to factor the attention his precedent-setting suit would engender if it indeed ever reached SCOTUS when assessing his objections. Forgive my cynicism, but I think Levy may protest too much out of his own interests and I'm not so certain waiting until the courts, as he says, "decide to read the Second Amendment out of the Constitution by upholding a total ban on handguns" before undertaking Congressional action is the correct solution either. It seems to me to be just as dangerous an approach as the "bird in the hand" strategy currently on the table.

I'm sure I don't know the correct answer to this conundrum, but I'm not so certain Levy does either.