Posted on 03/18/2008 9:25:56 AM PDT by NinoFan
History in the making.
Reports on oral argument from SCOTUSblog:
“Based just on the questioning, which can prove inaccurate, the Court is divided along ideological lines in Heller, with Justice Kennedy taking a strong view that the “operative clause” of the Second Amendment protects an individual right unconnected with militia service that guarantees the right to hunt and engage in self-defense. If the oral argument line up were to hold when the Court votes, the Court will recognize an individual right to bear arms that will not be seriously constrained by military service of any kind. There was a seemingly broad consensus that the right would not extend to machine guns, plastic guns that could evade metal detectors, and the like. There was relatively little disccusion of the trigger lock provision. Justice Breyer seemingly sought to pick up a fifth vote for a narrower reading of the Second Amendment by attempting to tie the question of the reasonableness of the regulation to whether the challenged statute left individuals with the ability to possess weapons that could be used in milita service. “
and
” an argument that ran 23 minutes beyond the allotted time, Justice Anthony M. Kennedy emerged as a strong defender of the right of domestic self-defense. At one key point, he suggested that the one Supreme Court precedent that at least hints that gun rights are tied to military not private needs — the 1939 decision in U.S. v. Miller — “may be deficient” in that respect. With Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito, Jr., and Antonin Scalia leaving little doubt that they favor an individual rights interpretation of the Amendment (and with Justice Clarence Thomas, though silent on Tuesday, having intimated earlier that he may well be sympathetic to that view), Kennedy’s inclinations might make him — once more — the holder of the decisive vote.”
Nice to hear Dellinger getting his butt handed to him.
“... yes but, the SPIRITUAL nature ...”
Apparently Dellinger wants Ouija boards to inform the Supreme Court..
I freaking love Scalia...he’s crushing Walter Dellinger.
When Chief Justice Roberts interupted Dellinger, the man lost his groove. He’s on the defensive now and is trying to counter the argument from the Justices.
5 minutes into the argument and DC is already struggling.
Mike
Good grief, listen to Walter Dellinger stutter-assing his way into a conniption fit.
Thanks so much for the link.
Dellinger is painting himself in a corner.
“stutter-assing his way into a conniption fit”
THAT IS PRICELESS!!!! Thanks for that!
Mike
HALLELEUJAH!!!!!!
Proverbs 21:1 The king’s heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will.
I pray that these judges will hear their conscience reminding them of their Oath of Office to correctly interpret the Constitution.....which they are bound to uphold, that they may be found faithful and honorable, in Jesus’ Name amen.
Would Hinkle hit Ruth Bader-Ginsburg?
Do you know of anyone he WOULDN’T hit? Though that thought is repugnant beyond description.
Good to see another BCR here.
Mike
Opposing the Second Amendment as an individual right, there's nothing but corners to paint oneself into.
Souter is from New Hampshire, where the Constitution protects a very specific individual right.
Walter Dellinger says 'OH, NO NO NO! Of COURSE the private citizen can use the 2nd Amendment as grounds for defense!'
They essentially replied 'Well then, so now you're saying there IS an individual right under the 2nd Amendment?'.
Walter Dellinger made a small shriek then stutters and stammers into saying that he didn't follow the question.
Good grief.
Roberts nailing him down on what is a reasonable restriction.
“If you ban books, would it be okay if you allowed newspapers?”
SMACKDOWN.
“what's reasonable about a total ban on possession?”
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