tag:blogger.com,1999:blog-8293484.post5683543924699848500..comments2024-03-28T22:25:39.706-06:00Comments on The Michael Bane Blog: SCOTUS Rules! Second is Fully Incorporated...Michael Banehttp://www.blogger.com/profile/16630187848984050478noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-8293484.post-66159413730190669502010-06-29T11:48:00.662-06:002010-06-29T11:48:00.662-06:00From the Wall Street Journal Today (Editorial &quo...From the Wall Street Journal Today (Editorial "Five Gun Salute":<br /><br />"All of this suggests that the liberals have decided to bide their time and wait for a fifth vote so they can overturn both Heller and McDonald. This means that the matter of Second Amendment rights is far from settled, and the National Rifle Association and other advocates had better keep their legal guardDamDochttps://www.blogger.com/profile/02416171095469427375noreply@blogger.comtag:blogger.com,1999:blog-8293484.post-63173507898890272312010-06-29T08:30:09.691-06:002010-06-29T08:30:09.691-06:00"that is terrifying. could easily become 4-5...."that is terrifying. could easily become 4-5."<br /><br />Elections have consequences, don't they? <br /><br />I'd like to tattoo that on the foreheads of every purist stay-at-home from the 2008 election. When they sat out they effectively voted for Sotomayor and Kagan and ???<br /><br />(and that ??? is the <i>really</i> scary part)Dave S.https://www.blogger.com/profile/05940509831649020252noreply@blogger.comtag:blogger.com,1999:blog-8293484.post-4601497622817993842010-06-29T07:52:06.167-06:002010-06-29T07:52:06.167-06:00As Constitutional Patriots, we need to strike the ...As Constitutional Patriots, we need to strike the word "believe" from our vocabulary, or at least reserve it for describing our superstitions, if we have any. The Constitution and Bill of Rights hold "truths the we hold as self-evident". Likewise, economists, the real ones, know that the Laws of Economics are as sound as the Law of gravity and they apply them as appropriate. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-30819169378988921362010-06-29T05:31:54.091-06:002010-06-29T05:31:54.091-06:005-4
that is terrifying. could easily become 4-5....5-4<br /><br />that is terrifying. could easily become 4-5. Kagan replaces another marxist, so what? only Kagan is young and will be with us for a long time....<br /><br />Limbaugh remarked about how scary 5-4 was and 'what if it was the <br />1st that was being ruled on'<br /><br />Rush....I got news for you.....it is the 2nd that preserves the 1st and dont forget it.Moosejawnoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-9006163849227661322010-06-29T05:31:11.544-06:002010-06-29T05:31:11.544-06:00Disgusting to see how LaPierre is riding on Gura&#...Disgusting to see how LaPierre is riding on Gura's coattails while making backroom deals to shut down groups like SAF and JPFO....<br /><br />Throw the bums out....of Congress AND the NRA....seeker_twonoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-70130560877567711882010-06-28T17:04:06.642-06:002010-06-28T17:04:06.642-06:00While I celebrate both the Heller and the McDonald...While I celebrate both the Heller and the McDonald decisions, I am saddened by the role that the NRA has played or rather didn't play. In both cases they did not lead. The old saying of "lead, follow or get out of the way" comes to mind. Props to Alan Gura and his firm, and Alan Gottleib of SAF. They are the ones that went on point for our rights. Meanwhile LaPierre and Cox were nj_larrynoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-66902837748789338832010-06-28T15:01:39.861-06:002010-06-28T15:01:39.861-06:00The Heller decision did not exactly preclude ratio...The Heller decision did not exactly preclude rational basis. It merely offered dicta expressing that rational basis is probably not appropriate while expressly avoiding a ruling on standard of review. A lower court could easily apply rational basis, uphold a draconian law, and send the issue back up through the appeals process.gullyborghttp://gullyborg.typepad.comnoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-23526975143166440482010-06-28T13:02:04.419-06:002010-06-28T13:02:04.419-06:00Outstanding! This is not the end,however, just t...Outstanding! This is not the end,however, just the start of many years of lawsuits to follow.gunman42782noreply@blogger.comtag:blogger.com,1999:blog-8293484.post-46789579557713904642010-06-28T12:35:44.273-06:002010-06-28T12:35:44.273-06:00No, Heller explicitly rejected rational basis scru...No, <i>Heller</i> explicitly rejected rational basis scrutiny. <br /><br />However, it did otherwise leave open the question of level of scrutiny, as does <i>McDonald</i>, so intermediate or strict scrutiny are still both on the table.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-83263208563479785812010-06-28T09:47:13.898-06:002010-06-28T09:47:13.898-06:00This is huge, but it is still just one small step....This is huge, but it is still just one small step. There will be many, many more legal battles.<br /><br />Where this opinion comes short is in the articulation of a standard of review for 2A cases. It leaves open the question as to whether courts can use rational basis (would allow most laws to continue), or would require strict scrutiny (would overturn most laws), or an intermediate level (gullyborghttp://gullyborg.typepad.comnoreply@blogger.comtag:blogger.com,1999:blog-8293484.post-7988969579777542972010-06-28T09:20:15.355-06:002010-06-28T09:20:15.355-06:00Thanks should go to Alan Gura, the Second Amendmen...Thanks should go to Alan Gura, the Second Amendment Foundation, and Illinois State Rifle Association for all that they have done to make this a reality. I'd love to see the 7th Circuit make Chicago pay lawyer's fee to Gura!<br /><br />Gura is now two and oh before the Supreme Court.John Richardsonhttps://www.blogger.com/profile/03151468462458613615noreply@blogger.comtag:blogger.com,1999:blog-8293484.post-896800048525900312010-06-28T09:15:52.558-06:002010-06-28T09:15:52.558-06:00Hot Damn! good news; however the AP report i read ...Hot Damn! good news; however the AP report i read made it sound like it was a "narrow" victory (i guess the 5-4 decision), and indicated that this would only "limit" the ability to regulate guns... (maybe they were not as excited about it thatn we?)... From that description, my fear is that places like Chicago will now play the DC game of just developing irritatingly tedious DamDochttps://www.blogger.com/profile/02416171095469427375noreply@blogger.com