The latest example of the Roberts Court's activist ambitions is its quick acceptance, for decision next year, of a gun-rights appeal from Chicago. Last year the Court ruled 5-4 that the right to bear arms flows to and from individuals, even though it is mentioned in the Constitution in the context of a "well-regulated militia." Reading the Constitution in that way, the court struck down a handgun ban in the District of Columbia. But there was some doubt about whether the court's reasoning would apply in a state, as opposed to the federal District of Columbia, and how the enunciation of a new fundamental, individual right should be applied. Now the court will take up the appeal of a case of a handgun ban in Chicago to clear things up.
Expect another sweeping smack down. First, the court has already laid down a new principle -- which, believe it or not, had never been directly addressed. Second, if my sense of the Roberts Court is correct, they are going to seek the most sweeping rulings they can manage to get on what they regard as their key Bill of Rights issues -- gun rights, freedom of the marketplace from federal regulation, corporate rights to free speech and official public religious expression, to name four -- before the arrival of a moment they dread fear: when President Barack Obama get's the chance to nominate an ideological tide-changing justice.
Thursday, October 01, 2009
MSM Grand Slam on Cliches!
TIME Magazine is getting out in front of everyone else in handwringing on the fact that the Supremes will be ruling on incorporation of the Second...they even manage a rare grand slam on cliches, including getting in a pat on the back for hunting guns, "classic" references to the Wild West, and ominous pronouncements that the American people will punish Republicans if the bloated corpse of gun control is finally cremated and tossed to the wind. My favorite part of the article is the gut-wrenching fear that the Roberts Court will rule to radically expand personal liberties before Obama has a chance to stack the Court in the other direction...read it all: