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To: traditional1

You cannot have two wildly divergent sets of case law, because to have such means that people are denied equal protection under the Fourteenth Amendment.

There are two courts (the Fifth Circuit and the DC Court of Appeals) in this land that agree with the Founders’ plain language and intent of the Second Amendment. The Fifth Circuit Court’s opinion was used as precedent and has been cited in other cases.

There is one Circuit Court who has acted exactly as you have described the Left Coast acting: the Ninth Circuit Court is indeed dominated by activist judges leaping to their own preferred conclusions.

If you have paid any attention to the track record of the SCOTUS WRT to the Ninth Circuit Court, you’d know that the SCOTUS has a clear, long and hilarious track record of slapping down decision after decision that has come out of the Ninth Circuit Court, not to mention the plaintive wailing and entreaties to stop executions that used to wake Chief Justice Rhenquist at about 0245 eastern time that really used to piss off Rhenquist (and the other justices).

Prior to this case, the SCOTUS lacked a clear, well-defined and well-argued case on their docket with which to slap down the Ninth’s prior decision on RKBA. This case coming out of DC is exceptionally well formed for RKBA advocates, following all of the requirements that Don Kates had explained to me were necessary back in the 90’s, when the assault weapons “ban” was put into place, etc.

This case coming out of DC has been exceptionally well formed and argued for RKBA advocates. The DC Court of Appeals slapped down the DC gun ban. The DC government responded with a counter-argument in appeal that literally undercuts their own position. I don’t fear this case going in front of the SCOTUS the way I would have feared a great many other cases being appealed to the SCOTUS. Unlike most other RKBA cases in court, there are no criminals involved here — only law-abiding citizens petitioning for their rights. Unlike most other RKBA cases, there is a clear prohibition on all guns in DC (ie, no handguns at all, rifles/shotguns must be disassembled, rendering them non-functional and therefore an arm in only an academic sense).

It is possibly the best formed RKBA case for RKBA advocates to come before the SCOTUS in the last 50 years.

I would further NB that the NRA isn’t involved in this, so the chances of successful outcome are greatly increased.


47 posted on 11/21/2007 9:13:22 AM PST by NVDave
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To: NVDave
I guess I wasn't clear:

My point is that wild decisions by, oh, I don't know, could we use the 9th Circus as our example, where creative/agenda-driven rulings come forth as "established case law" as compared to all other Circuit Courts, then we will ALWAYS have a back-door attack on the Constitution, and when the makeup of the USSC becomes the slanted liberal-appointed court of years past, we have NEW interpretations forever created from whole cloth.

That's my point, and when the Hildabeast packs the court in the next 5 years, socilaism is in, and the Constitution is on the ash heap of history with this sad situation.

71 posted on 11/21/2007 12:19:53 PM PST by traditional1
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