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Heller Decision - WE WON! (Read 28089 times)
b0b
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Heller Decision - WE WON!
Jun 23rd, 2008 at 8:45am
 
The Heller (formerly Parker) Supreme Court decision will likely be released sometime in the next week.  Decisions are being released on Monday and Thursday of this week and Monday of next week!

For those of you who aren't familiar with Heller, it's a landmark second amendment case dealing with the legality of banning handguns in Washington DC.  It looks like the court may rule in our favor by a 5-4 or 6-3 margin.  If we're lucky, we might even pull a 7-2, but I wouldn't bet on that.

The real question, though, is how narrowly the opinion will be written.  The Supreme Court has always narrowly defined their judgments, but Chief Justice Roberts takes this to a whole new level of scrutiny.  Hopefully, he'll be a bit more broadminded about this and certify clearly that the second amendment is an individual right that is not open to restriction.

Anyway, we'll know by 10:00am whether or not the Supreme Court is releasing this opinion today.


-b0b
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Re: Heller Decision Due Soon!
Reply #1 - Jun 23rd, 2008 at 1:25pm
 
Seems kind of a waste when DC corridors off whole blocks on neighborhoods and stops people to check them out.

Of course, the funny thing that the news didn't seem to make a big deal about it, was that since so many officers were stopping average, law abiding citizen...violence actually went UP when they were doing their Nazi check points.

Is DC becoming the new CA?

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Re: Heller Decision Due TODAY!
Reply #2 - Jun 26th, 2008 at 8:44am
 
Today is the last session of the Supreme Court for this sitting, so unless they do something tricky (which is highly unlikely), the Heller decision should be announced this morning!

The Supreme Court session starts at 10:00am, so hopefully we'll know how they ruled and how narrow the definition was by noon!


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(...pray for this one, guys!)
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Re: Heller Decision Due TODAY!
Reply #3 - Jun 26th, 2008 at 9:26am
 
It's sad that we have to wait with bated breath to hear what people, who should not be deciding this, think that when the 2nd Amendment says "right of the people to bear arms" what it means is that everyone has the right to own a gun.  Hmm amazing...and let's hope they don't narrowly divide down to hunters and sports shooters...because you read anything by the Founding Fathers and they never talked about bearing arms for hunting or sport...they put that number 2...just in case the govt got too big again.

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Re: Heller Decision - WE WON!
Reply #4 - Jun 26th, 2008 at 10:17am
 
Quote:
10:12 Tom Goldstein - Heller affirmed.

10:13 Ben Winograd -
The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed.

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. We will provide a link to the decision as soon as it is available.

10:13 Tom Goldstein - Second Amendment protects an individual right to possess a firearm.



YEEEEEEEEEEEEEEEEEEEEAH!  Let's PARTY!


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Re: Heller Decision - WE WON!
Reply #5 - Jun 26th, 2008 at 10:19am
 
...




Quote:
10:14  Tom Goldstein -  It is striking that the decision is not clouded by ambiguity created by separate opinions.   One opinion on each side.

10:16      Tom Goldstein -  Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.



Wolverines!
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Re: Heller Decision - WE WON!
Reply #6 - Jun 26th, 2008 at 10:24am
 
The opinion was 5-4.  We're still waiting on the full written opinion.

Quote:
Court: A constitutional right to a gun
Thursday, June 26th, 2008 10:14 am | Lyle Denniston | Comments Off |

Email this • Share on Facebook • Digg This!

Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.

Justice Antonin Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales.
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Re: Heller Decision - WE WON!
Reply #7 - Jun 26th, 2008 at 10:27am
 
The traffic on AR15.com, SCOTUSBlog.com, and CoverItLive.com is so heavy that all three are timing out intermittently.  I want to read the bloody opinion, dang it!


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Re: Heller Decision - WE WON!
Reply #8 - Jun 26th, 2008 at 10:29am
 
I've attached Justice Scalia's majority opinion below.  Enjoy!


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(...will be reading for a bit.)
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07-290.pdf (937 KB | )

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Re: Heller Decision - WE WON!
Reply #9 - Jun 26th, 2008 at 10:37am
 
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Re: Heller Decision - WE WON!
Reply #10 - Jun 26th, 2008 at 11:57am
 
That is really surprising.  I figured the court would rule law abiding citizens remain unarmed.
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Re: Heller Decision - WE WON!
Reply #11 - Jun 26th, 2008 at 12:10pm
 
At 5-4, it was closer than it should have been.  This is probably the one good thing about Bush winning the election in 2004.  If Flipper Kerry had won the election, Roberts wouldn't have been seated on the Court and we would have lost this one.

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(...was hoping for 6-3 or better.)
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Re: Heller Decision - WE WON!
Reply #12 - Jun 26th, 2008 at 12:39pm
 
On Fox News, Wayne LaPierre, president of the NRA, announced the NRA has filed suit against the city of Chicago to overturn their handgun ban.  He also announced they were going after all of the 'burbs with draconian gun laws.


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Re: Heller Decision - WE WON!
Reply #13 - Jun 26th, 2008 at 10:46pm
 
Quote:
A “SUPREME” COURT? I CAN DO BETTER
by Ted Nugent

It is glaringly obvious that a critical lesson in history 101 is due in America, for it appears that not only does a lunatic fringe of anti-freedom Americans dismiss our founding fathers’ clear declaration of independence and succinct enumeration of our God-given individual rights, but some Americans have the arrogance and audacity to question whether the right to self-defense is indeed one of these individual rights. Dear God in heaven, who could be this soulless? How about 4 out of the 9 so called “Supreme” justices of the land. God help us all.

Who could be so asinine as to believe that a free man has no such right to keep and bear arms for self-defense? What kind of low-life scoundrel would know that courageous heroes of the U.S. Military would volunteer over and over again to sacrifice and die for such self-evident truths, then turn around and spit on their graves by discounting the very freedoms that these brave men and women have died to protect?

Will these supreme legal scholars also affirm an individual right to choose the religion of our individual choice? Do they authorize our individual freedom of speech? Can you imagine? Them is fighting words my friends, and the line drawn in the sand has never been more outrageous.

Recent USA Today and Gallup polls showed a whopping 73% of good Americans know damn well that we are all created equal, and that we each have an individual right to protect our life, liberty and pursuit of happiness. What kind of jackass doesn’t know this? Allow the guitar player to translate for the soul-dead among us.

Keep-this means the gun is mine and you can’t have it. This does not mean I will register it with a government agency. The government works for “we the people,” not the other way around, regardless of what Hillary Clinton, Ted Kennedy, Hitler, Mao Tse Tung, Pol Pot, Saddam Hussein or Barack Hussein Obama or 4 supreme justices may try to tell you.

Bear-this means I’ve got it right here, on me, either in my grasp or damn near. This does not mean locked away in a safe, trigger-locked or stored at the local sporting club.

Shall not be infringed-this of course is another way of saying Don’t tread on me, for we will not be your willing crime victims, subjects, servants or slaves, so don’t even think about it.

When the evil King’s gangsters came to collect unfair taxes from Americans, we tossed their tea into the drink. When they came to disarm us into helplessness against their old world tyrannical ways, we met them at Concord Bridge and shot them dead till they quit treading on us. Any questions children? I didn’t think so.

Corrupt men cannot be trusted, hence the right of “the people” to choose the individual church of our choice, to speak our individual ideas and beliefs, to have individual freedom from unwarranted searches and seizures, and ultimately, to exercise our individual right to keep and bear arms so that evildoers cannot do unto us that which we would not do unto them. Get it? I would love to meet the human being who would argue these points with us. We would be looking at a fascist, and of course fascists, by all historical and empirical evidence, must be eliminated.

If you value the American Way, if you believe in the words and spirit of the US Constitution and our sacred Bill of Rights, if you know in your heart that you have the right, the duty, the spiritual obligation to protect yourself and your loved ones from evil in all of its forms, then you had best contact each and every one of your elected officials right away and let them know that you know exactly what the Second Amendment says and stands for. Remind them about the “shall not be infringed” clause.

It will not be the fault of the rotten anti-Americans out there who don’t believe in individual rights that rape and pillage our Constitution, it will be the fault of those who know better but failed to speak up. Now is the time to fortify America, and we better inform the Supreme Court just who truly is the “Supreme” Court of America-We the people. Individual people with individual, God given rights. The real America. Live free or die.



Can I get a HELL YEAH?!


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Re: Heller Decision - WE WON!
Reply #14 - Jun 27th, 2008 at 9:41am
 
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