Second Amendment case headed to Court (DC appeals Parker case to SCOTUS)

SCOTUSBLOG ^ | Monday, July 16, 2007

[ctdonath2]

Local government officials in Washington, D.C., decided on Monday to appeal to the Supreme Court in a major test case on the meaning of the Second Amendment. The key issue in the coming petition will be whether the Amendment protects an individual right to have guns in one's home.

[montag813]

Let us pray Justice Kennedy doesn’t have a headache on the day they vote.

[ctdonath2]

PM or separate thread, please.

[from occupied ga]

Let's change Fenty's bald faced lies to the truth

we are willing to take our case to the highest court in the land to protect the city’s residents,”

Should be, we are willing to take our case to the highest court in the land to ensure that the city’s residents remain helpless and defenseless"

“Our handgun law has saved countless lives

should be Our handgun law has cost hundreds of lives – keeping guns out of the hands of those who would defend others or themselves.”

There, fixed what the lying bastard said.

[Mariebl]

Woo-hoo! It’s about time that we get this issue resolved.

What makes you think that the supremes will hear the case or more importantly find in favor of the individual right?

I think that it's extremely logical that they'll hear the case, since it's an important constitutional issue that, at the moment, has a split in the lower court rulings--the DC court having ruled one way, and other courts of approximately equal status having ruled the other way.

That they'll find in favor of the individual right? I don't think any of us have a good enough crystal ball for that, but I think it'd be cowardly not to try. It's the best court we've had in a long time.

Note that a court ruling against the Second Amendment would not be nearly as disastrous as some of the posters here imply. Basically, it'd be a ruling for the unfortunate status quo--that whether or not people own guns, and what sort of guns they can own is left up to individual states, cities, and communities. What's been keeping those states, cities, and communities from grabbing guns hasn't been fear of the Second Amendment, it's been fear of being voted out of office. That won't change.

So, as I see it, it's a gamble, where a win wins big, and a loss gives us a hard slap in the face but doesn't change anything to speak of. That's worth trying.

[Clam Digger]

I oppose illegals immigration, and I am not biased against Mexicans. Not that that has anything at all to do with this thread.

[AngryJawa]

So, the SCOTUS will (hopefully) decide it’s finally ok to have a gun, but OSHA will make feeding it impossible?

[Freedom_Is_Not_Free]

Praying for a 2A postive outcome from Kennedy. Does anybody have a feel for how he will vote? Is it just my imagination he has moved a bit to the right since the arrival of Roberts and Alito? Does anyone have any feel for Kennedy on 2A issues from his past history? I’m scared but excited by the prospects.

[Dead Corpse]

Well... here we go.

I just sighted in my "plinker" too...

I'm guessing I've got some time before the SCOTUS hears this one. Probably next year some time...

BLOAT. Freshen up your bug out gear. Prepare for either a celebration or liberation.

[from occupied ga]

I think that it's extremely logical that they'll hear the case, since it's an important constitutional issue that, at the mome

The supremes have been avoiding 2nd amend issues for decades. I'd be surprised if they heard this one.

Note that a court ruling against the Second Amendment would not be nearly as disastrous as some of the posters here imply

I disagree

[BlackElk]

English please!

[Freedom_Is_Not_Free]

Is there any way the Supreme Court will refuse to hear this case? It seems like there are enough conflicting cases they will have to rule on this case.

[ctdonath2]

Note that a court ruling against the Second Amendment would not be nearly as disastrous as some of the posters here imply.

Not sure about that. As it stands, there is (aside from post-'86 machineguns) practically no gun ban on the federal level. The AWB having expired, the DC ban was about it - and very limited geography at that.

A ruling against RKBA would tell Congress they CAN ban the heck out of things (if you can't have a functioning gun in your home, nearly all other restrictions are more "reasonable") and our opposition would be hugely motivated. We'd also lose any chance to get the 2nd "incorporated to the states".

Of course, SCOTUS specializes in unpredictably bizzare rulings.

[HuntsvilleTxVeteran]

WHAT?

[Mariebl]

Praying for a 2A postive outcome from Kennedy. Does anybody have a feel for how he will vote? Is it just my imagination he has moved a bit to the right since the arrival of Roberts and Alito? Does anyone have any feel for Kennedy on 2A issues from his past history? I’m scared but excited by the prospects.

I agree that Kennedy is the key to it. I don't think it's your imagination--or, if so, a lot of other people are imagining the same thing. I'm scared and excited, too. One comforting thing--we've got the truth on our side. I never saw anything lamer than the dissent that the one judge wrote in the Parker case.

[ctdonath2]

The issue, very strictly speaking, only affects the DC Circuit - the laws in question do not extend beyond that border. It's not like the same law is being interpreted two different ways in different circuits. They could refuse it on the premise that they're OK/unconcerned with the current ruling, and don't see an "equal protection" problem. That's the easy way out.

Thing is, the "individual right" part of the current ruling is in conflict with most other circuits, which will lead to conflicting rulings in future cases. They could leave the problem until then, or they could recognize that - with BATFE officially rooted in DC - there will be a boatload of dependent cases in the DC Circuit the moment they rule any which way on Parker.

The issue is now unavoidable, though delayable. Question is whether, by denying, SCOTUS will delay the inevitable.

[Extremely Extreme Extremist]

Big talk, but america is a nation of sheep & mexicans, NOT freedom loving individuals.

So the folks who jammed Congress' phone lines opposing amnesty, who were those then, automated robots?

Get real. When our rights are threatened, people will rise up sooner or later. There is a large percentage of Americans who knows what's going on in Washington.

[Joe Brower]

[Mikey_1962]

DC will regret this........

[ctdonath2]

Translation: she won’t say “I’m a Muslim” just to get a gun (which would be required should we end up under Sharia law).