Posted on 05/16/2008 9:01:19 AM PDT by neverdem
The media have been telling us to watch the gun-control case now before the U.S. Supreme Court, where we await a decision about Americans' Second Amendment rights. But the 2nd U.S. Circuit Court of Appeals just handed down an equally important gun decision that has additional implications against judicial supremacy.
The court, which convenes in New York City, shot down the longtime liberal dream of achieving gun control by suing gun manufacturers for crimes committed by firearms. In a remarkable decision, this federal appellate court dismissed City of New York v. Beretta U.S.A. Corp. and protected gun corporations against frivolous lawsuits in state and federal courts.
The lawsuit was brought by the City of New York in order to seek control over gun suppliers. At stake was not merely money but also whether liberals would obtain from judicial activists the gun control they could not get from legislatures.
This decision provides a road map for how Congress should withdraw jurisdiction from judicial supremacists in other fields, too. The decision is a sweeping affirmation of Congress' power to stop future and pending lawsuits in federal and state courts.
This ruling broke an alarming trend of judicial supremacy and stopped outrageous lawsuits that tried to impede the sale of guns because of illegal acts committed by New York City residents and others. Billionaire Mayor Michael Bloomberg was left empty-handed in his attempt to sue businesses concerning crimes committed by residents of his city.
The lawsuit cited the harm from gun sales while ignoring evidence that the benefits far outweigh the harm. The trial court sided with Bloomberg, but the appellate court said "no" and put an end to the nonsense.
Congress had legislated the basis for this decision by passing the Protection of Lawful Commerce in Arms Act in 2005. The PLCAA protects...
(Excerpt) Read more at worldnetdaily.com ...
I want to watch him cry.
Old news.. I guess Phyllis hasn’t kept up with the informatin age.
Ironically, Bloomberg may end up being one of the most important figures in the re-emergence of 2nd Amendment rights.
We are doomed when a court decision that is Constitutionally sound and intellectually consistent is hailed as, "remarkable." In a sane world, this court decision would have been described as the, the "expected ruling," or, "a foregone conclusion."
Put an end to this? How can anyone with even a thin threads worth of connection to reality say that? Bloomberg will appeal and this will continue until he wins and there is no appeal from those fighting for common sense, or until the Supreme Court says stop.
Then of course he will find some other nonsensical issue to harass us with.
If you outlaw guns only liberals will sue gun manufacturers.
And Rush Limbaugh’s golf buddies think it would be great if Bloomingidiot ran for president.
In a remarkable decision...
Where are we when common sense is considered remarkable?
I didn't realize a firearm was capable of committing a crime. I though a human committed the crime with the firearm.
Aw shucks! For a second, I was kinda hopin they repealed the Act of 68, and the Sullivan one. One can only dream. Because, in Rudy’s mind.....certain types of gun control are better in one part of the country, than they are another....../sarc.
“Misuse of courts to obtain a result contrary to the will of the American people should not be allowed on other vital issues. Congress should also take away from judges issues such as the Pledge of Allegiance, the Ten Commandments, the Boy Scouts and the definition of marriage”
Good “should” but not with a Senate and House under the continuing domination of RATS and RINOS!!
While the decision came about two weeks ago, this may not be just a co-incidence.
"Misuse of courts to obtain a result contrary to the will of the American people should not be allowed on other vital issues. Congress should also take away from judges issues such as the Pledge of Allegiance, the Ten Commandments, the Boy Scouts and the definition of marriage."
Editorial: Judicial Alchemy, California Court Assaults Marriage
There was talk about amending California's Constitution. I wonder if the Federal Defense of Marriage Act has any bearing. I'm not a lawyer.
McCain is speaking at the NRA Convention today, even as he otherwise is trying to dump social conservatives.
Just as George Hanover III was one of the most important figures in its original emergence?
the infowarrior
Bump to read later
bump
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