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To: tpaine
Until we get a few more SCOTUS justices who are willing to enforce the Constitution, we should be very cautious about taking any Second Amendment case to SCOTUS. Remeber, Justice OConnor has gone over to the dark side. She was the deciding vote in gutting the First Amendment and supporting the blatantly unconstitutional Campaign Finance Reform Law. She's also bought into Justice Ginsberg's vile idea that SCOTUS should look to other nations' legal views in interpreting U.S. law, even when U.S. precedents, the constitution, and statutes are clear on the issue in question (death penalty cases). If a Second Amendment case got to SCOTUS with its present makeup I deeply fear they'd gut the Second Amendment just as they have gutted the First Amendment.

The NRA has done and is doing an excellent job of advancing Second Amendment causes by pushing for shall issue CCW wherever it doesn't exist. The Republicans are also moving on the legislative front by pruning back the D.C. gun ban. All of this is an essential salami strategy to erode gun control and finally establish a basis for taking a case to SCOTUS once we have a majority of justices who are willing to enforce the Constitution. Sometimes it pays to wait on one front and fight on another.
6 posted on 10/15/2004 10:30:18 AM PDT by libstripper
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To: libstripper
libstripper wrote:

Until we get a few more SCOTUS justices who are willing to enforce the Constitution, we should be very cautious about taking any Second Amendment case to SCOTUS. Remeber, Justice OConnor has gone over to the dark side.

As the article mentioned, Scalia & Thomas did NOT support hearing the case at hand. Are they on the 'dark side'? Your idea of 'waiting' is not working, in any case.

She was the deciding vote in gutting the First Amendment and supporting the blatantly unconstitutional Campaign Finance Reform Law. She's also bought into Justice Ginsberg's vile idea that SCOTUS should look to other nations' legal views in interpreting U.S. law, even when U.S. precedents, the constitution, and statutes are clear on the issue in question (death penalty cases).

Yep; -- OConnor is a classic case of a rogue Justice. -- Which is the best argument against your claim that we can control a future Court if we just wait.

If a Second Amendment case got to SCOTUS with its present makeup I deeply fear they'd gut the Second Amendment just as they have gutted the First Amendment.

That scenario could be a good thing, in that it assuredly would backfire into a full blown Constitutional crisis. The gun owners of America would NOT lose such a battle. -- Bet on it.

The NRA has done and is doing an excellent job of advancing Second Amendment causes by pushing for shall issue CCW wherever it doesn't exist. The Republicans are also moving on the legislative front by pruning back the D.C. gun ban. All of this is an essential salami strategy to erode gun control and finally establish a basis for taking a case to SCOTUS once we have a majority of justices who are willing to enforce the Constitution. Sometimes it pays to wait on one front and fight on another.

I've been hearing that "wait" fallacy since 1968, when the NRA folded the first time on gun control.
It didn't work then & it won't work now.

11 posted on 10/15/2004 12:42:02 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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