davidwiz Posted June 13, 2008 Share Posted June 13, 2008 Let's just hope the Supreme Court has the courage to do what is right. They totally screwed over private property owners with their eminent domain decision in Kelo. Fortunately, more than a few states realized what a bone-headed decision it was and enacted legislation to correct it. Just because they are the SC, doesn't mean that they always make the right decision. For those who say the Court is infallible, look at Dread Scott. Link to comment Share on other sites More sharing options...
Genghis Posted June 13, 2008 Share Posted June 13, 2008 Someone once said, "The Supreme Court may not always be right, but they are final." Link to comment Share on other sites More sharing options...
Coach Posted June 13, 2008 Share Posted June 13, 2008 Someone once said, "The Supreme Court may not always be right, but they are final." They do reverse themselves sometimes. For example Brown reversed Plessy but they are very close to final. in this case I am not sure how the firearms tradition of the US will be able to survive if they rule the second amendment is not an individual right, or if they allow a complete ban or regulation to exist. In my mind we need a ruling that clearly defines the 2nd as an indiviual right, and does not hamstring it with a right of the government to regulate firearms throughly, such as the DC case where ownership is prohibited. I am concerned that we will get both it is an individual right but it can be regulated as the government see fit. Link to comment Share on other sites More sharing options...
davidwiz Posted June 13, 2008 Share Posted June 13, 2008 Apparently, the Brady Bunch expects to loose in Heller, in that the Court will rule that the 2nd is an individual right and strike down DC's handgun ban, according to this story on ABC News. It could be a case of HCI trying to manage expectations and spin the outcome in their favor. Link to comment Share on other sites More sharing options...
Carlos Posted June 13, 2008 Share Posted June 13, 2008 Davidwiz - thank you very much for posting that link - I had not seen that one before. Interesting that even Brady Campaign/HCI predicts, at a minimum, a 5/4 decision in favor of an individual right. The link David posted is to a story by abcnews.go.com reporter Teddy Davis. Reporter Davis (unfortunatley) included the following quote from Brady Campaign Attorney Dennis Henigan: [Henigan] "said there are multiple gun control measures that would not run afoul of a Supreme Court decision striking down the D.C. gun ban. "Universal background checks don't affect the right of self-defense in the home. Banning a super dangerous class of weapons, like assault weapons, also would not adversely affect the right of self-defense in the home," said Henigan." (emphasis mine). Two things struck me about that quote: 1)"super dangerous class of weapons, like assault weapons" is a misleading, and unfortunate, description of the sporting arms used by most of this website's members who choose to participate in multigun/3gun competition. And, 2) Henigan believes the opinion will be framed by the Court as protecting "the right of self-defense in the home." I believe the Court may go further to strike down D.C.'s law prohibiting a certain class of weapons suitable for home defense: handguns (Henigan would probably also mischaracterize handguns as "super dangerous" - even as the Court is poised to find their possession by civilians to be a constitutionally protected right). I believe "handgun ownership" will be addressed because the Court' chose to include "handguns" when they rejected all the suggestions as to how to phrase the question they will answer, and substituted their own issue (question) to be resolved (answered). Next dates to watch are Monday, June 16th and Monday, June 23 (the likely date of issuance IMHO). D. Link to comment Share on other sites More sharing options...
markcic Posted June 14, 2008 Share Posted June 14, 2008 This was an interesting read about what might happen. http://www.concurringopinions.com/archives..._watch_f_1.html Link to comment Share on other sites More sharing options...
shred Posted June 15, 2008 Share Posted June 15, 2008 My money is on the 23rd as well-- Drop a political hot potato and skedaddle out of town... Link to comment Share on other sites More sharing options...
ima45dv8 Posted June 18, 2008 Share Posted June 18, 2008 Now back to the SC ruling !! A great idea! Link to comment Share on other sites More sharing options...
shred Posted June 19, 2008 Share Posted June 19, 2008 MODERATOR: Removed a bunch of non-Heller SCOTUS posts. This is not the place for it. Eyes on Thursday (tomorrow) and Monday, 10AM ET. www.scotusblog.com if you must know down to the minute what is going on. Link to comment Share on other sites More sharing options...
davidwiz Posted June 19, 2008 Share Posted June 19, 2008 The Heller decision was not released today. Next possible date is Monday June 23. http://www.scotusblog.com Link to comment Share on other sites More sharing options...
bruce282 Posted June 23, 2008 Share Posted June 23, 2008 No option today. 10:12 Tom Goldstein - The only opinion remaining from the March sitting is Heller. The only Justice without a majority opinion from that sitting is Justice Scalia Per the Blog next release date is Wed. with more possible on Thur. Bruce Link to comment Share on other sites More sharing options...
jimbob_texas Posted June 23, 2008 Share Posted June 23, 2008 Well, I had this in the HATE forum, and it got closed. I guess that means I need to like this. The Heller decision is the only opinion remaining from the March sitting. And still we wait... Link to comment Share on other sites More sharing options...
Carlos Posted June 23, 2008 Share Posted June 23, 2008 The Heller decision was not released today. Next possible date is Monday June 23. http://www.scotusblog.com Disappointed that we still have to wait for a decision. But there is reason for optimism: (from above link to scotusblog.com): "There is very little information that can be gleaned with confidence about the authorship of the remaining opinions from the Term. [but - read on. D.] It does look exceptionally likely that Justice Scalia is writing the principal opinion for the Court in Heller – the D.C. guns case. That is the only opinion remaining from the sitting and he is the only member of the Court not to have written a majority opinion from the sitting. There is no indication that he lost a majority from March. His only dissent from the sitting is for two Justices in Indiana v. Edwards. So, that’s a good sign for advocates of a strong individual rights conception of the Second Amendment and a bad sign for D.C." Sounds good to me! Scalia delivered a speech at my law school in 1997; he is a brilliant jurist with a gifted mind. Look forward to either Thursday (unlikely IMHO) or Monday (likely). Douglas Link to comment Share on other sites More sharing options...
jimbob_texas Posted June 25, 2008 Share Posted June 25, 2008 (edited) On the scotusblog.com website, the Live Blogger gizmo just popped up a survey: "If the Court issues a decision in Heller today, will the DC gun ban be..." 1) Upheld, 2) Struck down, 3) Sent back for trial. It's tracking 91% "Struck down" right now. Rats: 10:21 Tom Goldstein - Guns is not being decided today. Last opinion coming now. More: Ben Winograd - The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern. Edited June 25, 2008 by jimbob_texas Link to comment Share on other sites More sharing options...
bruce282 Posted June 25, 2008 Share Posted June 25, 2008 Tom Goldstein - Guns is not being decided today. Last opinion coming now. Bruce Link to comment Share on other sites More sharing options...
j2fast Posted June 25, 2008 Share Posted June 25, 2008 Ben Winograd - The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern. One more day.... Link to comment Share on other sites More sharing options...
racerba Posted June 25, 2008 Share Posted June 25, 2008 Ben Winograd - The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern. Link to comment Share on other sites More sharing options...
dirty whiteboy Posted June 25, 2008 Share Posted June 25, 2008 What do you make of this? Clarification: while it appears that Justice Scalia has the principle opinion in the Guns case, it is not necessarily a majority opinion. It could be a plurality opinion. Link to comment Share on other sites More sharing options...
driver8M3 Posted June 25, 2008 Share Posted June 25, 2008 What do you make of this?Clarification: while it appears that Justice Scalia has the principle opinion in the Guns case, it is not necessarily a majority opinion. It could be a plurality opinion. pure speculation... Link to comment Share on other sites More sharing options...
Genghis Posted June 25, 2008 Share Posted June 25, 2008 What do you make of this?Clarification: while it appears that Justice Scalia has the principle opinion in the Guns case, it is not necessarily a majority opinion. It could be a plurality opinion. It means even if Scalia writes the opinion, he may not be speaking for a majority of Justices. Sometimes there are more than two positions on a case. Justices can agree with one part of a decision and disagree with another. They can agree with the result but disagree with the reasoning behind the result. Link to comment Share on other sites More sharing options...
JThompson Posted June 25, 2008 Share Posted June 25, 2008 ~SIGH~ Link to comment Share on other sites More sharing options...
jimbob_texas Posted June 25, 2008 Share Posted June 25, 2008 Here's a read on it: http://weblogs.baltimoresun.com/news/polit...ing_gunban.html But on what grounds? And how sweeping will the ruling be? It's entirely possible, for instance, that Scalia may only be writing a plurality opinion and not a majority one. The difference? Justices concur and dissent from sections of opinions. And it's possible there are a majority of votes on the court to overturn the ban, but the reasons for doing so could differ, perhaps wildly. And a plurality opinion carries less weight than a clear, declarative opinion from a majority of the court.Still, it is the law. And an opinion from Scalia will certainly contain enough Second Amendment jurisprudence to send shockwaves throughout both the gun-rights and gun-control communities, not to mention, perhaps, the presidential campaigns. Link to comment Share on other sites More sharing options...
dirty whiteboy Posted June 25, 2008 Share Posted June 25, 2008 Thanks Jimbob, I feel better about the sit. Link to comment Share on other sites More sharing options...
mikey357 Posted June 26, 2008 Share Posted June 26, 2008 I'm havin' a HARD TIME waiting...guess I'll just keep the ol' fingers CROSSED... ....mikey357 Link to comment Share on other sites More sharing options...
davidwiz Posted June 26, 2008 Share Posted June 26, 2008 (edited) Heller is affirmed - meaning the SCOTUS upheld the lower court's decision tossing DC's gun ban. Second Amendment protects an individual right to possess a firearm. Edited June 26, 2008 by davidwiz Link to comment Share on other sites More sharing options...
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