[UnCruel]

Today is the Day: 2nd Amendment in SCOTUS

Today, the U.S. Supreme Court is to hear arguments in McDonald v. Chicago, the third case on the 2nd Amendment to ever reach the Court. It will be interesting to hear what reasons will be given as to why the right to keep and bear arms should not be applied as fully as the rest of the Bill of Rights. Hopefully, reason will prevail.

In our favor is the fact that the petitioner is alive and well, unlike the 1939 United States v. Miller case, which was argue solely by the U.S. Justice Department with no opposition, and which allowed our rights to be increasingly infringed for over 70 years. Also in our favor are all the previous decisions which have incorporated the rest of the Bill of Rights as part of the Due Process clause of the 14th Amendment.

Acting against us is the history of the Supreme Court Justices to make decisions based on their political leanings and not on the words of the Constitution itself.

I feel confident in this case, and I think everyone will agree that a recognition of our right and the ways it has been infringed is long overdue.

 

[unclenick]

In this case the politics seem to be on our side. The amicus brief signed by senators and congressional reps garnered more pro signatures, both Republican and Democrat, than any other in history. The reason is they don't want a precedent set that excludes an enumerated right from incorporation. Such a precedent would potentially cut into Washington's power down the road.

 

[MZ5]

In this case the politics seem to be on our side... The reason is they don't want a precedent set that excludes an enumerated right from incorporation. Such a precedent would potentially cut into Washington's power down the road.

Exactly. Sometimes it's better to be lucky than good.

 

[Ralph McLaney]

The first transcript of the oral arguments presented in McDonald v Chicago can be found here:

http://www.downrange.tv/blog/?p=2202

The official transcript can be read at:

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf

 

[jmortimer]

It is all up to Justice Kennedy. What ever he decides is what will happen.

 

[unclenick]

The NBC evening news SCOTUS reporter said it looked like Kennedy was leaning our way from the nature of his questions. Hard to read those tea leaves, always. It will be interesting to see what Scalia does? In Heller he got easy consensus that the 2nd A was an individual right, then pushed the envelope on the limitations it imposed on government until he'd lost 4 of the 9. Since there are 308 bipartisian pro signatures on the senate and house amicus brief (though I don't know how Sotomayor will be about it) if he starts with agreement that incorporation applies from all 9, if he'll again push the envelope on the restrictions it imposes on local governments until he has five, we may gain something? Have to see?

Thus far the application of the prohibition of government action has been limited to the "keep" part of the 2nd A; defense of the home and all that. But I read once that 80% of stranger assaults on women take place when they are in transit between home, work, shopping, and school, in no particular order, so the right to "bear" part needs to come up eventually.

 

[jmortimer]

I just see this going down 5 to 4 with Kennedy's tie breaking vote shooting down the Chicago gun ban. BTW enjoyed reading your dissertation on wadcutters - I know what you are saying about a 148 grain bullet not being able to "reach out" but I still really like a hard-cast DEWC like the one sold here and by Oregon Trail at around 1,200 fps.

 

[Ralph McLaney]

Choice moments from the oral arguments:

Alan Gura's response to Justice Sotomayor's line of questioning was priceless:

"...states may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional."

Further Gura's retort to the question of Chicago's legal ability to restrict handgun ownership, was simple and direct:

"Not if they respect the Constitution."