So it is 5-4. Hopefully Scalia will make us proud in the decision.10:12 Tom Goldstein - Heller affirmed.
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.
Heller ruling out of SCOTUS today?
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Re: Heller ruling out of SCOTUS today?
Last edited by thejtrain on Thu Jun 26, 2008 9:15 am, edited 1 time in total.
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Re: Heller ruling out of SCOTUS today?
Good new but what are the details......
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Re: Heller ruling out of SCOTUS today?
We'll have to see when we get to read the decision. Also this:neal6325 wrote:Good new but what are the details......
Dare we begin to hope?It is striking that the decision is not clouded by ambiguity created by separate opinions. One opinion on each side.
Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
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Re: Heller ruling out of SCOTUS today?
Fox News has just announced that the SCOTUS upheld the lower court decision overturning the DC Gun Ban. Scalia wrote the majority opinion. The decision was 5/4, with Kennedy being the swing vote - exactly as I had predicted would happen.
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Re: Heller ruling out of SCOTUS today?
It's in, as of a couple of minutes ago. Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg; 5-4, the 2nd Amendment wins.
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Re: Heller ruling out of SCOTUS today?
Tom Goldstein - Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
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Re: Heller ruling out of SCOTUS today?
The decision specifically states that the 2A is an individual right!
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Re: Heller ruling out of SCOTUS today?
Eveyone's here at the same time, eh? We should have a block party...
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Re: Heller ruling out of SCOTUS today?
Well. I guess that's what I get for giving Ginsburg the benefit of the doubt. Nonetheless....
Hooray for our side.
Hooray for our side.
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Re: Heller ruling out of SCOTUS today?
Last edited by thejtrain on Thu Jun 26, 2008 9:24 am, edited 1 time in total.
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Re: Heller ruling out of SCOTUS today?
......That is all....
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Re: Heller ruling out of SCOTUS today?
This emphasizes the importance of electing McCain in November. We must maintain the status of the court.
I thought I would gag when I wrote that though.
Anygun
I thought I would gag when I wrote that though.
Anygun
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Re: Heller ruling out of SCOTUS today?
So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
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Re: Heller ruling out of SCOTUS today?
Because the ruling wasn't specifically about that. i.e., go for it, if you want to be a test case.drw wrote:So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
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Re: Heller ruling out of SCOTUS today?
Yes, I've overviewed his opinion, he says that regulation of carrying is allowed, although he does reference Miller and saysdrw wrote:So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
"Miller’s holding that the sorts of weapons protected are those
“in common use at the time� finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons. "
So I could see a challenge on automatic weapons, they are definately in common use in the army/militia.