|
joeroket
|
 |
« on: March 23, 2008, 10:57:28 AM » |
|
So what do you all think about the oral arguments presented at the DC vs Heller hearing? Fenty actually thinks that they are going to win because they showed cause as to why thier handgun ban is constitutional.
|
|
|
|
|
Logged
|
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
|
|
|
mdjohnson
Newbie
 Offline
Posts: 5
|
|
« Reply #1 on: March 25, 2008, 09:49:02 PM » |
|
At first blush there appeared to be a bit of a pro-gun tone but after reading through the transcript I just don't know. I just have this nagging pessimism when it comes to SCOTUS. A couple of my favorites were:
"What is -- what is reasonable about a total ban on possession?" ~Roberts.
"The two clauses go together beautifully: Since we need a militia, the right of the people to keep and bear arms shall not be infringed." ~Scalia
While I was reading around the web I had seen the bit below that just kind of said it all for me:
"The preamble can neither limit nor extend the meaning of a statute which is clear. Similarly, it cannot be used to create doubt or uncertainty." Heller's Brief
This is the legal equivalent of the layman's rhetorical what part of 'shall not infringe' do you not understand?
|
|
|
|
|
Logged
|
|
|
|
|
joeroket
|
|
« Reply #2 on: March 27, 2008, 08:06:11 AM » |
|
I really like it when Roberts was making his comments about a trigger lock and talked about turning the light on and then putting on his reading glasses so he could read the numbers on the lock to open it.
|
|
|
|
|
Logged
|
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
|
|
|
|
gregma
|
|
« Reply #3 on: March 28, 2008, 09:53:52 AM » |
|
In my humble opinion, I think they will overturn the ban. However they will declare that there are "reasonable" restrictions that can be made. A partial ban would be "reasonable".
I do not think they will define the 2A. I don't think the will even attempt to really interpret it. They will only rule that a total ban is unreasonable.
I do hope I'm wrong!
|
|
|
|
|
Logged
|
|
|
|
|
joeroket
|
|
« Reply #4 on: March 28, 2008, 12:31:02 PM » |
|
I would expect them to do just as you posted gregma, however I do hope you are wrong also.
|
|
|
|
|
Logged
|
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
|
|
|
just_a_car
Junior Member
Offline
Posts: 69
Because I can't carry a cop.
|
|
« Reply #5 on: July 01, 2008, 06:24:56 PM » |
|
Looks like you were dead-on gregma.
No worries though, as all the little lawsuits that will come from this will start to make case law throughout the nation.
|
|
|
|
|
Logged
|
|
|
|
|
joeroket
|
|
« Reply #6 on: July 01, 2008, 09:28:53 PM » |
|
Well since the suits against Chicago and San Francisco have been files I think the snowball effect has begun.
|
|
|
|
|
Logged
|
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
|
|
|
|
gregma
|
|
« Reply #7 on: July 07, 2008, 09:28:33 AM » |
|
We can all sure hope so! Unfortunately reading the SCOTUS ruling they not only mentioned "reasonable restrictions" (where they got THOSE words from "Shall not be infringed" I'll never know) they also mentioned allowed to have them in the HOME. And only in the home. I've already seem some gun-grabbers latch onto that.
Seems as if they got the "keep" ok, but they sure did lose out on the "bear" part!
We'll see. Luckily our state constitution is better defined than the 2A. Unluckily we have also have no judges that know what the meaning of "shall not be infringed" means...
|
|
|
|
|
Logged
|
|
|
|
|
joeroket
|
|
« Reply #8 on: July 07, 2008, 11:00:51 PM » |
|
You have to remember Greg that the case presented to them was about keeping a ready firearm in the home. They typically do not go outside the bounds of the argument when they make their ruling. It will take a bunch of hearings to better define the reasonable restrictions. It start and we have 2 more in the workings right now with the suits against SanFrancisco and Chicago being filed.
|
|
|
|
|
Logged
|
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
|
|
|
|
gregma
|
|
« Reply #9 on: July 08, 2008, 11:29:47 AM » |
|
We can only hope we get lots more under the belt before the new VERY liberal judges are selected by the incoming president *shudder*
|
|
|
|
|
Logged
|
|
|
|
|
joeroket
|
|
« Reply #10 on: July 13, 2008, 10:08:30 AM » |
|
I think time is on our side. There are only one or two justices that I can forsee stepping down within the next 5-10 years and they were part of the dissenting group of Heller.
|
|
|
|
|
Logged
|
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
|
|
|
Gene Beasley
Newbie
Offline
Posts: 10
|
|
« Reply #11 on: July 13, 2008, 10:04:53 PM » |
|
This is the main thing that concerns me about this election. I don't really have a dog in this race, but the prospect of one or two justices retiring from 2009-2013 is a compelling reason to support someone that can beat Obama, even if I don't fully agree with them.
The average age today is almost 69.
Stevens is 88 and will be 93 in 2013
Ginsberg is 75 and will be 80 in 2013
In 2013, the majority of the court will be older than 70. Makes you think.
|
|
|
|
|
Logged
|
|
|
|
|
