Posted on 03/18/2008 9:25:56 AM PDT by NinoFan
Clement is trying to please both sides and is coming out looking like the Court Jester. He’d be better served to just sit down and shut up. Souter is forcing him to elaborate his twisted stance and Clement is folding like a deck chair.
Not a legal eagle but as I understand it, it’s FAR too late for withdraw and it was the moment that Heller appealed as well.
Mike
Not a legal eagle, but I think that once SCOTUS has it and arguments are heard the dice are thrown neither party can withdraw.
Scalia seems to mention the Scots often:
Although the more cautious Jacobites did not wish to take part in the Prince's enterprise, the Government has been at pains to keep them under restraint, since three-quarters of the whole nation is still attached to the House of Stuart. And so two laws, both of great importance, have been passed. One is to abolish the jurisdictions of the nobility and free their vassals from the services which they owe to them in accordance with the traditional ways of the Kingdom. The other is to disarm all Highlanders without exception, and to force them to change their dress. The purpose of the first of these laws is to deprive the nobility of their most cherished rights; of the second to deprive the whole nation of a militia which until now has been its greatest safeguard. The Scots are well aware of the purpose and the consequences of these laws. Those who have recently come across assure us that they have fired everyone with indignation and that even the Whigs look on them as manifest breaches of the Treaty of Union with England.
No one will be able to make a logical, historically supportable argument that the second amendment does not protect a fundamental individual right.
Loved Kennedy’s sarcastic question there!
Right now I’m feeling an 8-1 decision in our favor. Could of course change in the next few minutes.
God Bless Justice Scalia. He just threw a hard ball at Clement. Clement didn’t do himself any favors by not allowing Ginsburg to interupt him either.
Alito comes back with 'Well, there's regulation against the First Amendment in that we don't permit libel, but that regulation doesn't keep the 1st Amendment from enjoying the protection of strict scrutiny'.
Clement coughs water out of his nose.
Clement is effectively asking the SCOTUS to rewrite the DC law, literally requesting legislating from the bench.
Huh! Seems odd that neither party can withdraw, however elevated the station at which the appeal is heard.
Scalia just nailed Clement on the gun lock non-sense, specifically with the question that if an intruder broke into a home, would the home owner actually have time to find and unlock his gun and confront the intruder?
Yeah, in a nutshell, DC is being chewed up and spit out.
Mike
Clement tips the gov’s hand...he acknowledges that the federal firearms laws wouldn’t survive a strict scrutiny analysis...
Dave, check out the link above to the Live SCOTUS blog. It’ll fill you in...!
Ginsburg just slapped Clement with the strict vs. moderate scrutiny issue.
I see a lot of bans being destroyed by this case.
The proponents of the DC haven't really convinced anyone on the court.
Ginsberg is awake and actually breathing and even asking questions.
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