Posted on 03/18/2008 9:25:56 AM PDT by NinoFan
http://www.cspan.org/watch/cs_cspan_wm.asp?Cat=TV&Code=CS
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I’m not so sure. I think he dropped the ball on Breyer’s question by bringing up the military briefs. I think that was the wrong answer.
Gura is awesome, he has the facts at hand and is not going to be deflected or caught short.
I don’t know, he put national defense in the lap of the Justices with it.
I think that Gura’s doing very well here.
I think Ginsburg is going to come down on our side. Her last question was very interesting.
Objection your honor. Scalia is leading the witness!
Oh wait forgot he’s on our side
Kennedy is definitely on our side.
I think the better answer to that question was simply that there is no indication that banning handguns reduces gun violence, not that there is an acceptable level of gun violence because some people will be better trained for the military. His answer implicitly admits that banning guns would lower violent crime rates.
My big issue for the last 20 years has been getting a majority of those on the federal bench to read, understand, and obey the Constitution. That shouldn't be so hard. They all take an oath of office to do exactly that. But danged near half of them also trample the Constitution.
So, it HAS to be McCain.
Congressman Billybob
Scalia and Kennedy are also helping Gura out with the purpose of the ‘militia’ opening clause. Classic!
LOL - Ginsburg would ammend the 2nd to read, “...the right of the people (aged 16-45) to keep and bear Arms...”
I think Ginsburg is leaning on individuals owning and bearing if they are members of a State Militia. Even that decision would be almost acceptable if the States themselves reactivated their Militia codes.
Is it me or are the Justices trying to get Gura to open the door for the Court to thrash the anti’s? It’s like they are practically begging him to include 922 and other sections of law.
Scalia wonders if a conscientious objector who would not serve in the military or the militia has no right under the 2nd Amendment.
Gura responds with a notion that if the Solicitor General's view that if Congress has authority to regulate firearms is correct when the 2nd Amendment says essentially that 'Congress shall make no law' as it does in the first, then Congress could simply pass a bill saying 'No American is in the militia' and the 2nd Amendment is mooted.
agreed.
Doh Gura failed on Miller
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