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To: 45Auto
What is the dissenter's name?
22 posted on 05/07/2003 5:46:01 PM PDT by GovernmentShrinker
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To: GovernmentShrinker
The four judges who authored a written dissent in Sylviera v Lockyer are: Judge Pregerson, Judge Kozinski, Judge Kleinfeld and Judge Gould. In addition, Judges O'Scannlain and Nelson concurred with the dissent by Judge Kleinfeld. Here's another excerpt from Judge Kleinfeld's dissent:

"The panel's strongest argument (but not strong enough) is that the word "bear" in the phrase "bear Arms" "customarily relates to a military function," so that when not acting in a military capacity, "the people" have no right to bear Arms. The military meaning is certainly among the meanings of "bear," as is "large, heavily built, furry, four-legged mammal," and "investor pessimistic about the stock market." But the primary meaning of "bear" is "to carry," as when we arrive at our host's home "bearing gifts" and arrive at the airport "bearing burdens." The only way to limit "bear" to its military meaning is to misread "militia" in the preamble as though it meant regulars in a standing military service, which, as shall be shown below, it emphatically does not. Of course one can cherry-pick dictionary definitions, just as one can carefully select from legislative and other history."

24 posted on 05/07/2003 6:09:36 PM PDT by 45Auto (Big holes are (almost) always better.)
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