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To: epow

To overturn, does the USSC have to accept and argue a whole new case? Isn’t there a method where they can use Heller to quickly shoot this down?


19 posted on 06/04/2009 6:20:50 AM PDT by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
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To: DesertRhino
To overturn, does the USSC have to accept and argue a whole new case? Isn’t there a method where they can use Heller to quickly shoot this down?

The USSC could grant cert and then remand back to the 7th Circuit to reconsider in light of the Heller decision. Because the Seventh Circuit decision is inconsistent with a recent 9th Circuit decision, it is very likely that the USSC will take the case.

58 posted on 06/04/2009 6:55:25 AM PDT by SeaHawkFan
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To: DesertRhino
To overturn, does the USSC have to accept and argue a whole new case? Isn’t there a method where they can use Heller to quickly shoot this down?

I don't think so. If the Supremes don't take this appeal the people of any state or city in the 7th circuit's district can be screwed out of a constitutionally protected right simply by an ordinance of any local jackleg board or commission.

However, since the 5th and 9th circuit courts have previously opined that the 2nd is a right of the people not the states, and the USSC itself confirmed that opinion by protecting the people of the D.C from infringement of the right to keep and bear arms by their LOCAL, NOT FEDERAL, government, I think it's likely that the Supremes will grant certiorari to the NRA appeal.

It's only common sense that the 1789 Congress that added the BOR to the original document intended the 2nd of it's 10 BOR amendments to apply to the people and not to the states, or else that Congress would not have put the words "right of the people" into the language of the amendment.

The 1st, 4th, 9th, and 10th amendments all specify "of the people" the same as does the 2nd, and none of those rights are in question by modern day courts. AFAIK only the 2nd has been interpreted to apply only to a right of the states as a corporate body but not to the people of those states, and that interpretation has only come from liberal modern day jurists who are hostile to the 1789 Congress's obvious intent to guarantee the people's right as individuals to keep and bear arms.

91 posted on 06/04/2009 7:42:41 AM PDT by epow ("Never take council of your fears" .....General Thomas "Stonewall " Jackson)
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To: DesertRhino
To overturn, does the USSC have to accept and argue a whole new case? Isn’t there a method where they can use Heller to quickly shoot this down?

The 7th Circuit was supposed to be the one to apply Heller to this case. Since they denied the applicability, and there is another Circuit that says different, it must be resolved by the Supremes.

111 posted on 06/04/2009 8:57:03 AM PDT by PapaBear3625 (The problem with socialism is that you eventually run out of other people's money -- Thatcher)
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