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DC vs. Heller Ruling to be Issued June 26
Supreme Court ^

Posted on 06/25/2008 7:33:33 AM PDT by DaveLoneRanger

The DC gun ban case ruling will be issued tomorrow, Thursday, June 26. Stay tuned!


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: District of Columbia
KEYWORDS: banglist; dcvsheller; guns; heller; judiciary; scotus; secondamendment
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To: Dead Corpse
That punative damage amount was extreme and should have been reduced. Exxon did more to correct the problems and issues a drunk captain caused than necessary.

The problem is all the 'greens' and liberals think Big Oil, is bad, no matter what they do. It's the reason we don't have refining or production capabilities, even on the leased land.

My Heller prediction is 7-2, with Kennedy writing for the majority, or Thomas. Ginsberg will write for the minority.

Kennedy was pretty passionate at the hearing about the 2A and Ginsberg tried to lead the DC lawyer down the 'regulated' path, but he was too stupid to take the cues. A first year law student would have looked like Oliver Wendell Holmes, Jr. next to that guy.

61 posted on 06/25/2008 9:58:53 AM PDT by Pistolshot (When you let what you are define who you are, you create divisiveness.)
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To: Dead Corpse

It will be interesting to see whether the more liberal justices who agree that the 2nd Amendment protects an individual right apply strict scrutiny to the DC gun law or try and argue that it isn’t a fundamental right and deserves a lower level of scrutiny. The fact that it’s a right named in the Bill of Rights makes that quite a stretch, but for a “living constitutionalist” like Breyer, anything’s possible.

Also, while I can’t imagine any rational person believing that the DC gun ban is narrowly tailored to serving a compelling government interest, there seem to be at least a few constitutional scholars, like Lawrence Tribe, who believe just that.


62 posted on 06/25/2008 10:02:40 AM PDT by The Pack Knight (Duty, Honor, Country.)
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To: DaveLoneRanger

I predict a gobbledygook ruling that maintains the status quo.


63 posted on 06/25/2008 10:02:40 AM PDT by aomagrat (Gun owners who vote for democrats are too stupid to own guns.)
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To: The Pack Knight
I guess we'll find out tomorrow.

I'll be stopping in at Sportsmen's Warehouse on the way home just in case...

64 posted on 06/25/2008 10:11:48 AM PDT by Dead Corpse (What would a free man do?)
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To: Pharmboy

7-2 very unlikely. Probably 5-4, but it could possibly end up being 6-3.

Basing a thought on a ruling based on how they question the witnesses doesn’t always work. Sure, it looked like it would be 7-2 for us based on that, but it is extremely unlikely to actually work out that way.


65 posted on 06/25/2008 10:13:26 AM PDT by rwfromkansas
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To: Pistolshot
Nothing short of murder should carry the death penalty.

With due respect for your opinion, the people of Louisiana decided otherwise.

66 posted on 06/25/2008 10:15:52 AM PDT by HoosierHawk (Hypocrisy does not apply to liberals.)
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To: AngryJawa
We, the people, had all better pray with all our might that this be resolved through political, constitutional means. Any other method will be ugly and murderous beyond description. There are NO assurances of anything approaching a normal national life after such, um, unpleasantness.

The most analagous similar situation was the Finnish Civil War of 1918, in which Finland's Communists attempted to follow the example of their pals in Russia and sieze control of Finland's government. A series of events led to the actual bloodletting, and to this day Finn's don't even agree on the mame for the poeriod, but the dates generally given for the affray are January 27, 1918 to May 15, 1918.

The results after that four-month shootemup were several: the Reds lost, and about 1% of the population of Finland died in those four months. Note that the U.S. Civil War of 1861-1865 delivered a butcher's bill of around 2% of the population of the US at that time, though the Finns would presumably caught up in four more months. There were a couple of reasons, but the Winter conditions certainly didn't help matters any.

Too consider another point likely to be common to that civil war of the XX Century and anything similar forthcoming in the XXIst: Only about one death in four was a direct combat casualty, offset by the other three-fourths of the deaths often by intentional starvation or freezing in the prison camps and POW cages, and summary executions of traitors in the field. Indeed, one technique of the day was to let young recruits who'd had no previous military experience get some by executing condemned prisoners with their bayonets, helpfully also saving on rifle ammo. To this day, globalist leftists worldwide have had serious concerns about military weapons with bayonet lugs in the hands of those they'd rule, as happened during the period of the now-defunct U.S. *Assault Weapons Ban;* now you know why.

So if it comes to that, yes, you're right: ugly and murderous will indeed be the order of the day. The current population estimate is around 304,434,774. Accordingly, a period of intensity equal to that in Finland in 1918 could be expected to result in a number of at least somewhere around 30,443,477 fatal casualties. If, of course, it only lasts for four months....


67 posted on 06/25/2008 10:19:10 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: HoosierHawk
And with all due respect the SCOTUS said they were wrong.

I know I find the crime to be abhorrent and disgusting, but not deserving of the death penalty. Life with no parole and insertion into the general population will take care of that. saves a lot of money and time that way. And he'll be just as dead.

68 posted on 06/25/2008 10:23:19 AM PDT by Pistolshot (When you let what you are define who you are, you create divisiveness.)
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To: Dead Corpse

Good idea.

I don’t know which liberal position is more ludicrous: the Lawrence Tribe position that the DC gun ban essentially passes strict scrutiny, or the Erwin Chemerinsky position that infringement of the right to keep and bear arms is only entitled to rational basis review.

Even now that they finally agree with us on the construction of the 2nd Amendment, liberal academia can’t help but shamelessly twist 50 years of constitutional jurisprudence to attain their desired policy result. Of course, it just confirms my suspicion that they don’t teach law at Duke or Harvard anymore.


69 posted on 06/25/2008 10:23:34 AM PDT by The Pack Knight (Duty, Honor, Country.)
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To: Pharmboy; Perdogg; DaveLoneRanger

I seem to recall that during oral arguments a moderate (Kennedy?) was pretty much mocking the DC lawyers, saying that if we applied their standards to the 1st Amendment, we could ban books as long as they were under a certain size.

I have a bad feeling about this, but I think my bad feeling is from the stakes, not from a large chance that we will lose. It’s just that if this doesn’t go our way there will be no stopping the gun grabbers.


70 posted on 06/25/2008 10:23:34 AM PDT by Mr. Silverback (It's not conservative to accept an inept Commander-in-Chief in a time of war. Back Mac.)
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To: Petronski

Man, I hope they’re right!


71 posted on 06/25/2008 10:25:39 AM PDT by Mr. Silverback (It's not conservative to accept an inept Commander-in-Chief in a time of war. Back Mac.)
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To: Mr. Silverback
It’s just that if this doesn’t go our way there will be no stopping the gun grabbers.

There's always the Boston Common solution. As long as we don't end up boxed in like Warsaw Ghetto, we could still correct things.

72 posted on 06/25/2008 10:28:20 AM PDT by Dead Corpse (What would a free man do?)
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To: Pistolshot
Life with no parole and insertion into the general population will take care of that. saves a lot of money and time that way. And he'll be just as dead.

But that's really taking the matter out of the hands of the state and I don't think that SCOTUS was right to do that.

SCOTUS is so limiting the use of the death penalty that, I believe, they'll eventually outlaw it altogether, again.

And it's not their call, or, at least, shouldn't be.

73 posted on 06/25/2008 10:33:10 AM PDT by HoosierHawk (Hypocrisy does not apply to liberals.)
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To: Mr. Silverback

The stakes are big either way, but one thing to keep in mind is that even the best possible outcome will not stop state and local governments from infringing the right to keep and bear arms, as the 2nd Amendment does not directly apply to the states. That will require a holding that that right is incorporated by the 14th Amendment, which the court can’t do in the case, since the 14th Amendment isn’t at issue.

From what I hear, the plan will be to make the next test case a challenge of Chicago’s gun laws. This is because Chicago’s gun laws are almost as bad as DC’s, Chicago will place the 14th Amendment at issue, and because the 7th Circuit (which sits in Chicago) is among the most conservative of the US Courts of Appeals.


74 posted on 06/25/2008 10:37:44 AM PDT by The Pack Knight (Duty, Honor, Country.)
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To: cvq3842

I really couldn’t say. Heller isn’t the only opinion being delayed, but I’m not sure what the process is behind releasing a decision on one day or not.


75 posted on 06/25/2008 10:39:57 AM PDT by DaveLoneRanger (Gun-free zones aren't. Visit ConcealedCampus.com for more)
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To: Centurion2000

Buy me an AR-15, extra clip, some ammo, and a 15+1 round Glock and I’ll pay you when I get the money. :-P


76 posted on 06/25/2008 10:41:27 AM PDT by DaveLoneRanger (Gun-free zones aren't. Visit ConcealedCampus.com for more)
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To: Pistolshot

Yes, but how is it cruel and unusual punishment to execute a criminal with lethal injection for child rape, but appropriate (and not cruel ) to subject the same guy to a punishment where he will suffer months or years of physical abuse, rape or being murdered with a shiv, possibly all three?

Your post reminds me of George Ryan’s commutations, specifically one case where the criminal being taken off death row and put into general population was on death row because he had raped and murdered a 3 year old boy. Yeah, Ryan really showed how the state was concerned about cruel punishments there!

If someone deserves death they should be executed. If not, they should be incarcerated in a way that doesn’t make some thug a de facto state torturer and executioner. Having it both ways is cruelty.


77 posted on 06/25/2008 10:42:22 AM PDT by Mr. Silverback (It's not conservative to accept an inept Commander-in-Chief in a time of war. Back Mac.)
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To: AmericanHunter

I carry a revolver, mate. No safety.


78 posted on 06/25/2008 10:43:12 AM PDT by DaveLoneRanger (Gun-free zones aren't. Visit ConcealedCampus.com for more)
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To: The Pack Knight

I hope you’re right, not just because I hope we’ll win, but because it will be fun to watch Dick Daley sputter like Daffy Duck in the midst of a tantrum.


79 posted on 06/25/2008 10:44:21 AM PDT by Mr. Silverback (It's not conservative to accept an inept Commander-in-Chief in a time of war. Back Mac.)
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To: AngryJawa; Antoninus

We have a long way to go before things reach that kind of boiling point.


80 posted on 06/25/2008 10:44:54 AM PDT by DaveLoneRanger (Gun-free zones aren't. Visit ConcealedCampus.com for more)
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