History in the making.
Reports on oral argument from SCOTUSblog:
“Based just on the questioning, which can prove inaccurate, the Court is divided along ideological lines in Heller, with Justice Kennedy taking a strong view that the “operative clause” of the Second Amendment protects an individual right unconnected with militia service that guarantees the right to hunt and engage in self-defense. If the oral argument line up were to hold when the Court votes, the Court will recognize an individual right to bear arms that will not be seriously constrained by military service of any kind. There was a seemingly broad consensus that the right would not extend to machine guns, plastic guns that could evade metal detectors, and the like. There was relatively little disccusion of the trigger lock provision. Justice Breyer seemingly sought to pick up a fifth vote for a narrower reading of the Second Amendment by attempting to tie the question of the reasonableness of the regulation to whether the challenged statute left individuals with the ability to possess weapons that could be used in milita service. “
and
” an argument that ran 23 minutes beyond the allotted time, Justice Anthony M. Kennedy emerged as a strong defender of the right of domestic self-defense. At one key point, he suggested that the one Supreme Court precedent that at least hints that gun rights are tied to military not private needs — the 1939 decision in U.S. v. Miller — “may be deficient” in that respect. With Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito, Jr., and Antonin Scalia leaving little doubt that they favor an individual rights interpretation of the Amendment (and with Justice Clarence Thomas, though silent on Tuesday, having intimated earlier that he may well be sympathetic to that view), Kennedy’s inclinations might make him — once more — the holder of the decisive vote.”
Nice to hear Dellinger getting his butt handed to him.
“... yes but, the SPIRITUAL nature ...”
Apparently Dellinger wants Ouija boards to inform the Supreme Court..
I freaking love Scalia...he’s crushing Walter Dellinger.
Roberts nailing him down on what is a reasonable restriction.
I love Roberts: “What IS reasonable about a complete ban on possession?”
The 2nd Amendment will be a MAJOR issue in this fall’s election.
Clinton and Obama will not be able to hide as soon as this decision is handed down.
I don’t know anything about the US Sup Court, but in my (biased) view this argument sounded really bad for the anti-RKBA POV.
Maybe I’m just hearing what I want to....?
LOL Plastic Guns!
I’m not able to watch now. Is this the first day of what is expected to be many days of oral arguments?
Question for the legal eagles:
If the gun control advocates don’t like the way this is going...if by the overall tone they conclude the decision would not be in their favor, and they don’t want a decision supporting individual rkba...can they withdraw?
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.
Between DC and Clements this is coming down to NFA and 1968 GCA issues. They are deflecting.
I am excited about what we are hearing. This is historic. I am privileged to live in this country.
May God's will be done in these proceedings.
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Woo hoo!!!
God be with the people.