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To: Artemis Webb
But until the Supreme Court gets off their cowardly craven ass and addresses the 2nd Amendment (not just one particular case)

The Surpreme Court will deal with it one particular case at a time. That's the way they work. This case is unusual, for a second amendment case, in that the laws were allowed to be challenged without someone violating them and risking prision, and lifetime loss of their RKBA (not that DC residents had much left, but they could always move out of the District).

If the Supreme Court should hear an appeal by the DC government (want to bet all the gun grabbers are urging them behind the scenes not to appeal?), and uphold the ruling, then that ruling becomes effective nationwide. Thus the net gun control law going to court need not go all the way to Supreme Court, since the District court will be bound by the SC's decision. State laws are an exception to that, since it will first have to be established, by the Supreme Court, that the second amendment applies against state action as well. Since most states have similar RKBA language, and don't enforce it , even though the "militia only" or "states rights" arguments don't logically apply, don't expect positive results on that anytime soon.

65 posted on 03/15/2007 9:12:15 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
"The Supreme Court will deal with it one particular case at a time. That's the way they work."

I hate to lay some praise on the very liberal Warren court. But they were the last ones to see that cases had impact larger than the litigants themselves. The problem is they overcompensated on so many things, from abortion to criminal rights. The Burger and Rehnquist courts seemed to love taking a limited view of things, almost as though SCOTUS was an appeals court.

I'm no expert on either SCOTUS or the 2nd Amendment (nor should I have to be). I'm not in the NRA. I don't own a gun. But it seems to me that the court has an opportunity here to clarify a HUGE issue. I appreciate what you are saying about the process via the states. I just honestly don't have any faith in the Court to rule in any kind of sweeping way.
69 posted on 03/15/2007 9:28:40 PM PDT by Artemis Webb (Fred Thompson---PLEASE save us from the Giuliani/Hunter wars.)
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To: El Gato
If the Supreme Court should hear an appeal by the DC government (want to bet all the gun grabbers are urging them behind the scenes not to appeal?), and uphold the ruling, then that ruling becomes effective nationwide. Thus the net gun control law going to court need not go all the way to Supreme Court, since the District court will be bound by the SC's decision. State laws are an exception to that, since it will first have to be established, by the Supreme Court, that the second amendment applies against state action as well. Since most states have similar RKBA language, and don't enforce it , even though the "militia only" or "states rights" arguments don't logically apply, don't expect positive results on that anytime soon.

I believe your reasoning is correct, but IMHO, the hard left controls the dems. Just listen to Hillary, Obama and Edwards. Like someone with obsessive/compulsive disorder, they seem bound and determined to overplay their hand, from declaring defeat in Iraq to the renewed McCarthy Assault Weapons Ban Bill. I won't be surprised if it gets to SCOTUS. Say your prayers, please?

113 posted on 03/16/2007 1:07:40 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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