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Second Amendment case headed to Court (DC appeals Parker case to SCOTUS)
SCOTUSBLOG ^ | Monday, July 16, 2007

Posted on 07/16/2007 8:03:08 AM PDT by 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.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events
KEYWORDS: bang; banglist; guns; scotus; secondamendment
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To: HuntsvilleTxVeteran

I was replying to Fee, who wrote in post 26, “In fact I would declare myself a Muzzie so I can own a weapon, . . .” I myself would never declare that I am a Muslim just to get a gun.


81 posted on 07/16/2007 9:44:31 AM PDT by sportutegrl
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To: Mariebl

Additionally, having the anti-freedom side represented by the incompentent DC cronyocracy is a plus for the pro-freedom side....


82 posted on 07/16/2007 9:44:38 AM PDT by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
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To: ctdonath2; from occupied ga

Got a problem with #75 or is it “abuse” to ask?


83 posted on 07/16/2007 9:46:27 AM PDT by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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To: Mariebl

A ruling that “accomplishes nothing” would be the same as SCOTUS denying the appeal - which is still in our favor, as DC is where federal suits would be filed.

This appeal is an unavoidable point of clarification. Regardless of what happens, we’ll have something concrete to act on - even if if the ruling is against us. Our biggest problem up to this point was the sheer ambiguity; this case will clarify _something_.


84 posted on 07/16/2007 9:49:01 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: sportutegrl

Thank you!


85 posted on 07/16/2007 9:49:08 AM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: from occupied ga
You prove my point - jamming the phone lines is just talk after all.

Yeah, citizens putting heat on their Senators to stop the shamnesty bill was just "talk."

Apparently you need to take a civics course.

86 posted on 07/16/2007 9:50:17 AM PDT by Extremely Extreme Extremist
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To: BlackElk
...other guy who was appointed by Clinton...

Breyer, like the horses.

87 posted on 07/16/2007 9:50:51 AM PDT by nina0113 (If fences don't work, why does the White House have one?)
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To: ctdonath2
The right to defend one's life and those of one's family is beyond debate.

Our society had evolved into one where we delegate (not surrender!) that obligation to our law enforcement agencies.

Our Law Enforcement Agencies have told us clearly, unambiguously and repeatedly that they are unable to do so.
Our courts have confirmed that Law Enforcement can legally do that.

Q.E.D.
We, the people, must be able legally to do the job.
Having law enforcement in SWAT outfits hauling off the dead, I'm afraid, does not satisfy the basic right to life, liberty and the pursuit of happiness.

Just saying.

88 posted on 07/16/2007 9:51:51 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: Americanexpat

Good article in Outdoor Life (or Field and Stream) pointing out that gun-owners have the facts and law. Even liberal con law scholar Larry Tribe concedes the law allows citizens the right to keep and bare arms.
But that doesn’t matter to the anti-2nd Amendment crowd. The righteousness of our position doesn’t carry any weight with them, and all we have to do is lose one `debate’.
The gun-grabbers will posit two salient arguments:
“Why do you `need’ (so many) guns?” and
“Guns that have no sporting (hunting/target shooting) value should be banned.”

Seting aside the rational response that any gun can be used for target-shooting, a car collector doesn’t have to show a `need’ for his collectible vehicles. He wants them, so he gets them. There is nothing illegal about owning more cars than one can drive in a week. And you don’t even need a driver’s license to buy cars, just to drive them.
Difference? There is no constitutional right to own and drive cars.

The tyrants just want to ban guns—all guns—and to get a `wedge in the oak’ they aim at `evil’ weapons: `plastic guns’, `Saturday night specials’, `assault rifles’, and so forth and so on. This is how Australia lost their guns over the last decade or so: incrementally. A step at a time.
If they succeed in outlawing one type of firearm, they then move on to another class until they reach bolt-action hunting rifles. By that time do you think this ilk won’t have the temerity to say, `There is no constitutional right to hunt.’?
Since the 2nd Amendment is the bulwark or `fail-safe’ of the other rights set forth in the Bill of Rights, if they succeed in taking this right, there is then nothing preventing totalitarian liberals (totalitarianism: faced with so many laws, a citizen simply cannot hope to comply) from taking the remainder of the rights.
If you say, gee, that sounds like a `slippery slope’, you’re right—that’s exactly what it is.


89 posted on 07/16/2007 9:53:13 AM PDT by tumblindice (Our Founding Fathers: all armed conservatives)
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To: BCrago66
The DC Government better get the assistance of outside counsel, because I’ve looked at some of their filings in the Parker case, and it’s embarrassing.

This whole process is embarrassing.
All the more reason to allow their continued incompetence and cluelessness to be manifested nationwide.

And they continue to wonder why most informed Americans continue to violently resist "statehood" to that den of thieves and criminals!

90 posted on 07/16/2007 9:54:52 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: from occupied ga

But even if it is only for that district, doesn’t this set up a precedent for other districts?


91 posted on 07/16/2007 9:56:40 AM PDT by 7thson (I've got a seat at the big conference table! I'm gonna paint my logo on it!)
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To: BCrago66

why would you want Dc to get comeptent attorneys. We want this appeal to go down big time.


92 posted on 07/16/2007 9:58:29 AM PDT by S.O.L.
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To: BlackElk

What part of “off topic” don’t you understand, doofus?


93 posted on 07/16/2007 9:58:40 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: Mariebl
"the DC court having ruled one way, and other courts of approximately equal status having ruled the other way."

By "other courts" you're of course referring to the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuit Courts, all ruling in dozens of cases that the second amendment does not protect an individual right. And the Fifth Circuit overturned no law.

So it's 11-1 against.

"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"

Close. 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 by the NRA claiming the second amendment protects an individual right.

94 posted on 07/16/2007 9:58:41 AM PDT by robertpaulsen
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To: 7thson
But even if it is only for that district, doesn’t this set up a precedent for other districts?

No - they don't necessarily follow each other.

95 posted on 07/16/2007 9:59:04 AM PDT by from occupied ga (Your most dangerous enemy is your own government, Benito Guilinni a short man in search of a balcony)
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To: Lexington Green

“...The wrong decision in this case would start a civil war...”

So might a correct decision.

Certains things just seem to happen when it’s time for them.


96 posted on 07/16/2007 10:07:15 AM PDT by the gillman@blacklagoon.com (What would Beowulf do?)
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To: Clam Digger; from occupied ga; ctdonath2; Jim Robinson
CD: See #61 where I already answered that but also see #17 and #75.

JimRobinson: ctdonath2 threatens to hit the abuse button because of my objections to fromoccupiedga's post referencing Mexicans generally and not just "illegal" Mexican immigrants as somehow included with his reference to sheeple. Perhaps you or a moderator can resolve whether it is permissible to respond to a general smear of people of Mexican ancestry whatever the topic of the thread. Non-conservatives do access this website and ought not to be led to believe that conservatives, without objection, share such views on Mexicans generally (or any ethnic group generally) as are evidenced in #17 and #75. One may easily, even in wartime, distinguish between a specific subgroup like Islamofascists on the one hand and Muslims or Arabs on the other as much more general groups. Likewise, it is not a big problem to distinguish between "illegal" immigrants from any nation alleged to be violating our laws and entire nationality subgroups containing many American citizens, including many serving right now in Iran and Afghanistan.

This is your website and your living room and you have the right to expect compliance with your rules. I will comply.

97 posted on 07/16/2007 10:08:31 AM PDT by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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To: BlackElk; from occupied ga

All race-related posts have been removed. Don’t pick at the scab.


98 posted on 07/16/2007 10:10:27 AM PDT by Admin Moderator
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Comment #99 Removed by Moderator

To: nina0113

Thank you. I was having a senior moment.


100 posted on 07/16/2007 10:11:07 AM PDT by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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