Wednesday, September 30, 2009

Supreme Court Takes 2nd Incorporation Case

This morning, SCOTUS agreed to hear the Second Amendment case on the Chicago gun ban that may or may not lead to the incorporation of the Second into state laws. This from AmmoLand:
The Supreme Court has agreed to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners.

The court said Wednesday it will review a lower court ruling that upheld a handgun ban in Chicago.

The Supreme Court last year struck down Washington D.C.’s gun ban, but the question remains whether states and local governments fall under the same requirements.
You can start your background reading at Volokh Conspiracy.

Our side of the case will be argued by Alan Gura, who did such a superb job before the Supremes


Anonymous said...

California has a couple of major cases pending the outcome of this one.

Chas said...

"And here's a point for the Second Amendment advocates, a concession for them, something on which I think they are correct. If the Second Amendment does create an individual right, rather than a collective right or a civic right, then incorporation does follow."
- American legal scholar and Obama appointee, Cass Sunstein, who is currently the Administrator of the White House Office of Information and Regulatory Affairs

The USC has already determined that it is an individual right. Incorporation is like waiting for the other shoe to drop.

Anonymous said...

Why does it drive me nuts when a person in our government says something to the effect that something in the Bill of Rights - gives or creates a right.

I want them to write the following 1000 times:

The Bill of Rights recognizes pre-existing rights. The Bill of Rights doesn't "give" anyone anything.

The Bill of Rights is a list of restrictions on the Federal Government.

Anonymous said...

I am confident Gura will hand them their a**es just as he did to the buffoons in DC. After all - these will probably be Obama's buddies...

nj_larry said...

Just like last time though, this is for all the marbles. One of "our" guys could easily get caught up in some legalistic nonsense, and we loose the game. God do I hate lawyers.

Mathew Paust said...

Lawyers are gladiators. We love ours, hate theirs.

Rule of law still beats the pants off of rule by fiat.

nj_larry said...

LOL That's an ugly smear against gladiators to compare them to lawyers.

KM200 said...

It's a shame that 99 percent of lawyers make the others look bad.

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