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  • Cities will pay a heavy price if handgun ban is overturned (BARF ALERT)

    06/25/2008 10:09:19 AM PDT · by Havok · 63 replies · 94+ views ^ | 06/23/08 | Shirley Franklin
    The U.S. Supreme Court will soon rule on whether Washington, D.C.'s decades-old handgun ban is constitutional. It's been nearly 70 years since the high court has heard a firearms case that tests the scope of the Second Amendment. The outcome of this one, D.C. v. Heller, will have extraordinary implications —- not just for the District, but for the ability of cities to respond effectively to gun violence. If more evidence is needed that the stakes could not be higher, a steady drumbeat of headlines is supplying it. In the first few days of March alone, just before the justices...
  • Heller To Be Decided Tomorrow

    06/25/2008 7:46:08 AM PDT · by Bob Leibowitz · 43 replies · 135+ views
    Leibowitz's Canticle ^ | June 25, 2008 | Leibowitz
    A decision in Heller vs. The District, the landmark Second Amendment case before the Supreme Court, will be announced tomorrow. RELATED LINKS: Heller Will Win Big In June. How Big?
  • Wild Opinion Speculation

    06/23/2008 10:51:27 AM PDT · by NY.SS-Bar9 · 60 replies · 111+ views
    SCOTUSblog ^ | 6/23/2008 | Tom Goldstein
    There is very little information that can be gleaned with confidence about the authorship of the remaining opinions from the Term. It does look exceptionally likely that Justice Scalia is writing the principal opinion for the Court in Heller – the D.C. guns case. That is the only opinion remaining from the sitting and he is the only member of the Court not to have written a majority opinion from the sitting. There is no indication that he lost a majority from March. His only dissent from the sitting is for two Justices in Indiana v. Edwards. So, that’s a...
  • What to Watch For in D.C. v. Heller

    06/20/2008 3:37:19 PM PDT · by NewJerseyJoe · 42 replies · 155+ views
    Concurring Opinions ^ | 6/14/08 | Mike O'Shea
    The Supreme Court’s next scheduled opinion day, Monday, June 16, could yield a decision in the landmark Second Amendment case of D.C. v. Heller. My guess is that we’ll see Heller on or after June 23, at the very end of the Term. I guess that simply because Heller is the biggest case of the year, it raises wide-open constitutional issues, and it was argued late in the Term, in mid-March. Either way, here are key points to look for when the opinions arrive. As you’ll see, many of them only come into play if a majority of the Court...
  • Q&A: Supreme Court to Decide on D.C. Gun Ban

    06/19/2008 1:33:42 PM PDT · by neverdem · 48 replies · 197+ views ^ | June 18, 2008 | NA
    In its first comprehensive look at the Second Amendment right to bear arms, the Supreme Court is expected to rule next week on the constitutionality of Washington, D.C.'s ban on handguns. The District of Columbia's ban is considered the nation's strictest gun-control law. A ruling by the court to strike it down could threaten other gun-control measures across the country, including laws that ban machine guns or assault weapons. Although the Second Amendment was ratified in 1791, the court has never definitively said what it means to have the right to keep and bear arms. The current dispute over gun...
  • Second Amendment haze

    06/18/2008 8:44:05 AM PDT · by neverdem · 124 replies · 83+ views
    Washington Times ^ | June 17, 2008 | Robert Levy
    This month, the U.S. Supreme Court is expected to decide District of Columbia v. Heller, the most important Second Amendment case in the court's history. More than five years ago, six Washington, D.C., residents challenged the constitutionality of the city's 32-year ban on all functional firearms in the home. If the challenge is successful, it will mean the court has revisited and perhaps reversed United States v. Miller, the second most important Second Amendment case in the court's history. For nearly seven decades, gun controllers and gun rights advocates alike have struggled to apply the murky doctrines propounded by Justice...
  • The Second Amendment: What a Difference a Comma Makes

    06/17/2008 12:52:10 PM PDT · by neverdem · 94 replies · 109+ views
    FAMILY SECURITY MATTERS ^ | June 17, 2008 | Gregory D. Lee
    The Supreme Court's upcoming decision in a Washington, D.C. handgun ban case could potentially nullify thousands of gun laws on the books. The case stems from a security guard who was denied a request to keep a firearm in his District residence for self-protection.Washington D.C. Mayor Adrian Fenty recently said that the District's handgun ban "has saved many lives since 1976 and will continue to do so if allowed to remain in force." How does he measure that? The truth is that murder by handguns has gone up substantially in the District since the handgun ban was passed. I wonder...
  • The right to arm

    06/16/2008 10:13:58 AM PDT · by neverdem · 41 replies · 459+ views
    The Washington Times ^ | June 16, 2008 | Staff editorial
    Most Americans believe that owning a gun is the right of every citizen. According to a Gallup poll, 73 percent of the U.S. public believe that the Second Amendment guarantees individuals the right to gun ownership. Therefore the Heller decision, which is expected any day now, could play a pivotal role in the 2008 presidential campaign. Former Ohio Secretary of State-turned-pundit Kenneth Blackwell calls it "the Roe v. Wade" of gun rights and suggests that the case (and its results) will ripple beyond District borders to impact "90 million American gun owners." It was six D.C. residents, fed up with...
  • Will it happen tomorrow? (USSC decision on Heller vs. DC)

    06/15/2008 8:31:58 PM PDT · by The Magical Mischief Tour · 8 replies · 202+ views
    Tomorrow is Monday, US Supreme Court is expected to hand down more decision with 17 still pending. Will it happen tomorrow? What do you think it might say? Will they take a cheap way out and just uphold the lower court without comment? Will they hand us some unbelievably complicated ruling that will only serve to muddy the waters further? Will it be the golden STFU ruling we need to hand the liberals and the anti-gunner types their collective heads? All bets are on!
  • Gun Control Group Braces for Court Loss

    06/12/2008 7:01:08 PM PDT · by Dawnsblood · 88 replies · 208+ views
    ABC News ^ | 6/12/08 | TEDDY DAVIS
    The nation's leading gun control group filed a "friend of the court" brief back in January defending the gun ban in Washington, D.C. But with the Supreme Court poised to hand down a potentially landmark decision in the case, the Brady Campaign to Prevent Gun Violence fully expects to lose. "We've lost the battle on what the Second Amendment means," campaign president Paul Helmke told ABC News. "Seventy-five percent of the public thinks it's an individual right. Why are we arguing a theory anymore? We are concerned about what we can do practically." While the Brady Campaign is waving the...
  • Does the Second Amendment Provide the Right to Bear Arms? U.S. Adults Think So

    06/03/2008 10:45:42 AM PDT · by neverdem · 61 replies · 150+ views
    BUSINESS WIRE ^ | June 03, 2008 | NA
    However, Public Still Favors Stricter Gun Control ROCHESTER, N.Y.--(BUSINESS WIRE)--In anticipation of the U.S. Supreme Court decision concerning the Second Amendment expected at some point this month, The Harris Poll® finds that by a margin of over two to one, more U.S. adults believe that the Second Amendment supports an individual’s right to bear arms. Furthermore, the survey also finds that more of the U.S. public continues to favor stricter gun control. However, concerning the impact on the election, the public seems to be split on which presidential candidate would do a better job handling gun control. These are the...
  • Supreme Court meets to issue opinions, orders (Washington DC Gun Ban)

    05/27/2008 7:51:39 AM PDT · by Erik Latranyi · 256 replies · 1,092+ views
    The Las Vegas Sun ^ | May 27, 2008 | AP
    The Supreme Court is meeting to issue opinions and announce whether it has accepted any new cases. Major cases still undecided include the rights of detainees at Guantanamo Bay, the ban on handguns in Washington, D.C., and whether people convicted of raping children can be given the death penalty. The court's term ends in late June.
  • NJCSD Predicts Supreme Court Will Acknowledge 2nd Amendment as Individual Right

    05/08/2008 7:02:15 AM PDT · by NewJerseyJoe · 47 replies · 77+ views
    New Jersey Coalition for Self Defense ^ | 5/5/2008 | NJCSD President
    May 5th, 2008; Washington Township, NJ FOR IMMEDIATE RELEASE Media Contact: Robert Kreisler In a stunning first-of-its-kind announcement, the New Jersey Coalition for Self Defense (NJCSD) predicts that the Supreme Court Of The United States (SCOTUS) will confirm an individual right interpretation of the 2nd Amendment in Heller vs. DC, foreshadowing an end to decades of acrimonious debate over the meaning of what is widely considered to be a core principle for many Americans. Using an advanced market research method known as a KJ analysis (named after its creator, Kawakita Jiro) a team of five analysts independently reviewed the statements...
  • D.C. handgun-ban case could put controls in the crosshairs

    04/06/2008 1:15:07 PM PDT · by nj26 · 21 replies · 177+ views
    Kansas City Star ^ | RICK MONTGOMERY
    The Second Amendment is only 27 words long — the same as this paragraph — yet the United States Supreme Court has never fully explained what the words mean. That may change in June, as could the legal landscape and political strategies of gun-rights advocates. The court that month is expected to rule on the constitutionality of a handgun ban in Washington, D.C. In reviewing the case of District of Columbia v. Heller, a majority of justices have signaled a willingness to accept that the Second Amendment guarantees law-abiding Americans an “individual right” to own firearms — not just the...
  • Supreme Court Confronts the ‘Right to Bear Arms’

    04/05/2008 12:22:48 PM PDT · by K-oneTexas · 53 replies · 176+ views
    Intellectual Conservative ^ | 4 April 2008 | Stephen P. Halbrook
    Supreme Court Confronts the ‘Right to Bear Arms’  by Stephen P. Halbrook   | View comments |  Print This Post The D.C. gun ban is in big trouble. “That would be an odd ‘right of the people’ if limited to militias,” commented Chief Justice John Roberts in the Supreme Court hearing March 18 in District of Columbia v. Heller. The case concerns whether the District of Columbia’s ban on handguns violates the Second Amendment guarantee that “the right of the people to keep and bear arms, shall not be infringed.” Referring to the American Revolution, Justice Antonin Scalia noted that “tyrants...
  • D.C. v. Heller Eyewitness Report - Wrapup (3/26/08)

    03/31/2008 4:25:52 AM PDT · by marktwain · 72 replies · 1,558+ views ^ | 26 March, 2008 | Alan Korwin
    Like everyone, I’m on pins and needles to see the decision, all the speculation is fun but meaningless, but fun. Yes, the Court seemed favorable to an individual right and overturning the D.C. total gun ban, even the lamestream media picked that up. But then you have to think about the Kelo decision (eminent domain) and McCain-Feingold (free-speech ban before an election), and it’s got to worry you. There’s no crystal ball. The biggest problem I see is difficulty the Court faces in recognizing Second Amendment rights to invalidate the D.C. law, and somehow limiting that decision so laws don’t...
  • Guns, Fear, the Constitution, and the Public's Health (Barf Alert!!!)

    03/30/2008 8:07:31 PM PDT · by neverdem · 26 replies · 782+ views
    The New England Journal of Medicine ^ | March 19, 2008 | Garen J. Wintemute, M.D., M.P.H.
    It is 1992, and schoolmates Yoshihiro Hattori and Webb Haymaker have been invited to a Halloween party. Yoshi, a 16-year-old exchange student and avid dancer, wears a white tuxedo like John Travolta's in Saturday Night Fever. By mistake, they stop at a house up the block from their destination. No one answers the doorbell. Inside are Rodney and Bonnie Peairs. She opens a side door momentarily, sees the boys, and yells to her husband, "Get the gun." He does (it is a .44 magnum Smith & Wesson revolver) and reopens the door. Yoshi and Webb, by now back at the...
  • Interpreting the Right to Bear Arms — Gun Regulation and Constitutional Law

    03/30/2008 6:37:50 PM PDT · by neverdem · 50 replies · 1,301+ views
    The New England Journal of Medicine ^ | March 19, 2008 | Mark Tushnet, J.D.
    On March 18, 2008, the U.S. Supreme Court heard oral arguments in District of Columbia v. Heller, a case challenging handgun-control statutes adopted in 1976 in Washington, D.C. The question before the Court is whether the District's prohibition of further registration of handguns, its ban on the carrying of concealed guns, and its mandate that guns kept in homes remain unloaded and either locked or disassembled violate citizens' rights that are guaranteed by the Second Amendment of the Constitution. What we do about handguns is of course a question of public policy. Because of the Second Amendment, it is also...
  • D.C. v. Heller Eyewitness Report -- Analysis 1

    03/30/2008 5:26:27 AM PDT · by marktwain · 20 replies · 743+ views ^ | 20 March, 2008 | Alan Korwin
    It is a most dangerous game we’re playing here. The major news outlets seemed to agree with my assessment (and I went out on a limb with that, 12 hours before any of them), that the High Court seemed ready and willing to unequivocally affirm an individual right to keep and bear arms. [NOTE: see my pre-game and post-game eyewitness reports here:] But it doesn’t end there -- it barely starts there. If the Court affirms, does that mean Gun Laws of America (listing every federal gun law, with plain-English descriptions), is erased? How much of it becomes null...
  • D.C. v. Heller Eyewitness Report - PreGame (3/17/08)

    03/30/2008 4:32:41 AM PDT · by marktwain · 6 replies · 309+ views ^ | 17 March, 2008 | Alan Korwin
    24 Hours Prior to Heller Case by Alan Korwin, Co-Author Supreme Court Gun Cases More people are on line in front of the U.S. Supreme Court for the D.C. gun ban case tomorrow than seats are available, and the temperature is hovering above freezing, but that's not stopping them. Bob Blackmer and I were the first to arrive, Sunday night about 5 p.m., answering the big question of -- Would two nights in advance be enough -- aside from did we have endurance to pull that off. A few moments later, Jason and Dan arrived from Pennsylvania with sleeping bags...
  • Guns and grammar

    03/29/2008 9:33:11 AM PDT · by kiriath_jearim · 143 replies · 1,310+ views
    Berkshire Eagle (MA) ^ | 3/27/08 | Robert F. Jakubowicz
    The Second Amendment to the Constitution, now under consideration by the U.S. Supreme Court in the District of Columbia v. Heller case, raises a grammatical question as well as a legal question. The grammatical structure of this one sentence Amendment creates two arguable meanings. Did it created a collective right of the people "to keep and bear arms" as members of a "well regulated militia?" Or did it created and individual right for each American "to keep and bear arms?" The First Amendment affirmatively and clearly states that "Congress shall make no law" respecting religion, or abridging the freedoms of...
  • Iain Hunter: America's affair with guns

    03/27/2008 1:13:24 PM PDT · by kiriath_jearim · 52 replies · 1,090+ views
    Ottawa (Canada) ^ | 3/26/08 | Iain Hunter
    How incredible it is that in the U.S., where so many people have been killed by gunfire for decades, the country's Supreme Court is just now getting around to deciding what the constitutional right to have and carry guns means. Last week, the court indicated that it's ready to interpret the Second Amendment. It was seized with an appeal from a federal appeals court ruling last year that declared the District of Columbia's near-ban on handguns unconstitutional. There's been a lot of controversy already about what the amendment means because of the way it's written: "A well regulated Militia, being...
  • Separate out handguns in landmark deliberations [Barf Alert]

    03/27/2008 9:45:28 AM PDT · by kiriath_jearim · 24 replies · 857+ views
    Yakima Herald (WA) ^ | 3/26/08 | n/a
    Technically, the challenge is to a District of Columbia handgun ban. Realistically, the U.S. Supreme Court last week heard oral arguments and took under advisement a case that could have historic ramifications for the right to bear arms. Is that right restricted to a "well regulated militia," or does it embrace private ownership by individuals? The early indication is that the justices are leaning toward the latter. The case is known as District of Columbia v. Heller. Dick Anthony Heller is an Army veteran and security guard at a federal building in the nation's capital. Because of the District of...
  • State gun bills should be spiked (CT)

    03/27/2008 8:26:41 AM PDT · by neverdem · 12 replies · 794+ views ^ | March 27, 2008 | Staff Editorial
    When U.S. Supreme Court Justice Anthony Kennedy says the Bill of Rights guarantees Americans' "general right to bear arms," chances are very good the tone and direction of the long national debate over gun laws is about to change radically. At a high court hearing March 18, Justice Kennedy, considered the pivotal vote in this case involving the constitutionality of the Washington, D.C., handgun ban, said repeatedly the Founders intended citizens to have the right to own guns to defend themselves and their families against Indians, outlaws and wild animals, which is precisely what gun-rights advocates have argued for decades....

    03/26/2008 12:32:15 AM PDT · by marktwain · 202 replies · 2,791+ views
    Niagara Falls Reporter ^ | March 25 2008 | Mike Hudson
    "One loves to possess arms, though they hope never to have occasion for them." -- Thomas Jefferson, to George Washington, June 19, 1796. "After a shooting spree, they always want to take the guns away from the people who didn't do it." -- William S. Burroughs. Big Tim Sullivan was a notorious Irish gangster whose mob controlled New York City south of 14th Street around the turn of the 20th century. Throwing in his lot with the likes of Monk Eastman, Paul Kelly and Arnold Rothstein, Sullivan became an expert on that dark nexus where organized crime and politics consummate...
  • The Second Amendment, The Court & The Election

    03/25/2008 2:52:09 PM PDT · by K-oneTexas · 10 replies · 635+ views
    New Media Journal ^ | March 25, 2008 | A.J. DiCintio
    The Second Amendment, The Court & The Election by A.J. DiCintio, Featured Writer March 25, 2008   “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Those of us who read the Second Amendment in the context of American history, American tradition, and the significance of the main clause in a sentence think it ludicrous that any person would argue it guarantees the right to keep and bear arms only to citizens serving in a government militia.  However, history teaches that no...
  • A Supreme Cause for Optimism

    03/25/2008 12:46:51 PM PDT · by K-oneTexas · 13 replies · 586+ views
    FrontPage Magazine ^ | March 25, 2008 | Bill Steigerwald
    A Supreme Cause for Optimism   By Bill Steigerwald | Tuesday, March 25, 2008 Fans of gun rights and scholarly defenders of the U.S. Constitution alike were left pleased and optimistic by what they heard U.S. Supreme Court justices say March 18 during oral arguments for a case challenging Washington, D.C.'s, sweeping, super-strict gun law. The plaintiff in District of Columbia v. Heller argues that D.C.'s ban -- which essentially makes it illegal for private citizens to own handguns at all or possess rifles that are assembled or unlocked and ready to use -- violates the Second Amendment....
  • Give 'Em Heller

    03/25/2008 6:01:47 AM PDT · by rellimpank · 36 replies · 855+ views
    American Spectator ^ | 25 mar 08 | Brian Doherty
    The Supreme Court heard oral arguments last week in its first Second Amendment case since 1939. The historic D.C. v. Heller case involves a challenge to the District of Columbia's total ban on the possession of usable weapons for self-defense in the home. The plaintiff, D.C. resident Richard Heller, argues that the ban violates his rights under the Constitution, which declares that the "right of the people to keep and bear arms, shall not be infringed." Lawyers on both sides relied mostly on arguments about the meaning and intent of the Second Amendment, specifically whether it applied to individuals and...
  • VIN SUPRYNOWICZ: 'And every other terrible instrument' (2nd amendment libertarian column)

    03/24/2008 3:13:59 PM PDT · by dynachrome · 8 replies · 611+ views ^ | 3-24-08 | VIN SUPRYNOWICZ
    In a "move that surprised some observers," the Chicago Tribune reported Wednesday, attorney Alan Gura, appearing before the U.S. Supreme Court on behalf of the federal guard who sued the District of Columbia in 2003, claiming he feels unsafe because he's not allowed to keep his guns at home, "appeared to concede large chunks of his argument, moving away from an absolutist position on gun rights." "He concurred, at one point, with Justice Stephen Breyer that a ban on machine guns or plastic guns" (whatever those are) "would be constitutional because those weren't the kind of arms normally carried by...
  • To Keep and Bear Arms

    03/24/2008 12:30:11 PM PDT · by neverdem · 49 replies · 1,435+ views
    Washington Post ^ | March 22, 2008 | Charles Lane
    Nearly 135 years ago, the United States experienced what may have been the worst one-day slaughter of blacks by whites in its history. On April 13, 1873, in the tiny village of Colfax, La., white paramilitaries attacked a lightly armed force of freedmen assembled in a local courthouse. By the time the Colfax Massacre was over, more than 60 African American men lay shot, burned or stabbed to death. Most were killed after they had surrendered. Though it caused a national sensation in post-Civil War America, this horrible incident has been largely overlooked by historians. It deserves fresh study today...
  • Gun rights go to court

    03/22/2008 12:02:27 AM PDT · by neverdem · 138 replies · 2,483+ views
    Waco Tribune-Herald ^ | March 21, 2008 | Rowland Nethaway
    The U.S. Supreme Court should allow Dick Heller to keep a handgun in his home. Dick Anthony Heller is a 66-year-old security guard who carries a handgun to protect the employees and property at the federal building where he works in Washington, D.C. Because Heller also is a resident of the District of Columbia, he is prohibited from having a handgun in his home for self-protection. Heller sued to overturn the city of Washington’s 1976 gun-control law that also requires all rifles or shotguns in D.C. homes to be disassembled or kept under trigger lock. Heller sued claiming that the...
  • The Right Kind of Gun Rights - Why the D.C. case is about self defense

    03/20/2008 2:27:22 PM PDT · by neverdem · 33 replies · 938+ views
    Reason ^ | March 19, 2008 | Jonathan Rauch
    Yesterday, unbeknownst to itself, the Supreme Court heard arguments in a gay-rights case. To most people, admittedly, District of Columbia v. Heller is a gun-rights case. In fact, it's the most important gun-rights case in decades, one that may cast a shadow for decades to come. But to gay Americans, and other minorities often targeted with violence, Heller is about civil rights, not shooting clubs. Nine years ago, one of the first columns I wrote for National Journal told the story of Tom G. Palmer. One night some years ago in San Jose, he found himself confronting a gang of...
  • Heller at the High Bench

    03/20/2008 10:10:44 AM PDT · by neverdem · 8 replies · 627+ views
    New York Sun ^ | March 19, 2008 | Staff Editorial
    It isn't often that the Supreme Court gets to dig down to Constitutional bedrock in the Bill of Rights. --snip-- America, represented by the solicitor general, sought to avoid linking the right to keep and bear arms to militias, apparently for fear the justices could end up allowing ordinary citizens to keep the kinds of weapons modern militias use, like machine guns. New York City's law isn't as strict as that of the Columbia district, but it's close. In New York City one needs a permit from the police department to keep a handgun at home. The problem is that...
  • Machine Guns and the Second Amendment

    03/20/2008 9:36:38 AM PDT · by kiriath_jearim · 101 replies · 2,027+ views
    National Review Online ^ | 3/19/08 | Robert VerBruggen
    Pro-gun attorney David Hardy attended the oral argument in Heller, and he writes : "Joe Olson and I were out drinking with Alan Gura [an attorney representing the pro-gun side] last night, and he was getting a constant stream of emails from machinegun owners on his pda, denouncing his statement that full auto arms' possession might not be protected by the 2nd Amendment. I think EVERYONE associated with this case who knows anything about appellate argument — and I've talked to many in that class — agreed that if you cannot come up with a 2nd Amendment test that lets...
  • Individual rights and laws on guns

    03/20/2008 9:18:52 AM PDT · by neverdem · 9 replies · 599+ views
    The Republican ^ | March 18, 2008 | Masthead Editorial
    The U.S. Supreme Court last ruled in a case involving the Second Amendment to the Constitution 69 years ago. And when it did, it was looking at a case in which two men had violated a law by transporting a double-barrel shotgun from Oklahoma to Arkansas. The ruling was narrow. And it was the court's last word on the Second Amendment. Until now, that is. The high court will hear arguments today in a highly anticipated case on the constitutionality of an exceedingly restrictive gun law in the District of Columbia. While the ruling will be restricted to the law...
  • GOA's Message Goes Nationwide Following Yesterday's Supreme Court Hearing

    03/20/2008 9:16:44 AM PDT · by kimber · 23 replies · 819+ views ^ | 19 March 2008 | Larry Pratt
    Gun owners had their day in court on Tuesday, when the U.S. Supreme Court heard oral arguments in the DC v. Heller case, which involves a challenge to the DC gun ban. Absent some world-shaking surprise, it is pretty clear that there are five votes on the Supreme Court to declare that the Second Amendment is an individual right. That fact alone should be enough to settle the argument over gun control and protect gun owners' rights. But as we all know, that's where the battle over the meaning of the Second Amendment begins. More to the point, Justice John...
  • Justice Kennedy thinks D.C. residents need protection — from grizzlies. Slate gets it wrong.

    03/20/2008 7:26:39 AM PDT · by jsharpscs · 18 replies · 932+ views
    Slate ^ | 03/18/2008 | Dahlia Lithwick
    Bearing Arms... Against Bears... Justice Kennedy thinks D.C. residents need protection — from grizzlies. Is the D.C. gun law constitutional? With all due respect to those who complain that the justices on the Supreme Court are too secretive, and for those who wish, perhaps, that David Souter was more like David "West Side Days Inn" Paterson, oral argument today in District of Columbia v. Heller offers up a bounty of alarming personal revelations. The least of which is that judges are completely political. But who knew that a case testing the scope of the Second Amendment's "right to bear arms"...
  • Clearly, right to bear arms belongs to individuals, too

    03/20/2008 5:35:21 AM PDT · by cbkaty · 85 replies · 1,826+ views
    Houston Chronicle ^ | March 19, 2008, 8:10PM | ROBERT A. LEVY
    D.C. firearms ban can't negate constitutional right Does the Constitution grant individuals the right to bear arms, or is that right reserved exclusively for members of a "well-regulated militia"? After 69 years of silence on the Second Amendment, the U.S. Supreme Court took up that question Monday in the historic case of District of Columbia v. Heller, a challenge to the District of Columbia's ban on all functional firearms. "The Supreme Court heard arguments about whether or not the Second Amendment actually means anything," said Alan Gura, my co-counsel in the case ... Does it protect a collective right of...
  • Seemingly Good News for Second Amendment Rights

    03/19/2008 9:33:00 PM PDT · by neverdem · 19 replies · 964+ views
    Human Events ^ | 03/19/2008 | Sean P. Trende
    After falling into desuetude for the better part of a century, the Second Amendment is back in the forefront of American constitutional law. In the case of D.C. v. Heller, the Court finally takes up the question which has languished since its 1930s-vintage decision in Miller: Does the Constitution guarantee an individual a right to bear arms. In this case, the Court will decide whether the a state may ban handguns outright, and also will weigh in on the propriety of various other regulations of firearms. Perhaps sensing the importance of the case itself, the Supreme Court has provided a...
  • John Armor Discusses DC v Heller with Jerry Agar [FR's own Congressman Billybob]

    03/19/2008 1:57:40 PM PDT · by MitchellC · 8 replies · 397+ views
    Thunder Pig Blog ^ | March 19, 2008 | Thunder Pig Blog
    The Supreme Court of the United States has decided to take on the DC v. Heller case, and one of our candidates for Congress recently discussed the case with Jerry Agar, and you can listen in below: Its always good to see someone from this area get recognized nationally. John Armor is running for Congress in the NC-11 district. Here are two of the places I have been frequenting to keep up with this very important case, SCOTUSblog, and The Volokh Conspiracy, although the Bench Memo and the blogfather have been following it as well.
  • At stake in the gun case

    03/19/2008 11:00:14 AM PDT · by JZelle · 30 replies · 1,061+ views
    The Washington Times ^ | 3-19-08 | Robert A. Levy
    Does the Constitution grant individuals the right to bear arms, or is that right reserved exclusively for members of a "well-regulated militia"? After 69 years of silence on the Second Amendment, the U.S. Supreme Court took up that question yesterday in the historic case of District of Columbia v. Heller, a challenge to the District's ban on all functional firearms. I helped bring this case to court on behalf of six Washington, D.C., residents who want to keep functional firearms in their homes to defend themselves and their families should the need arise. But D.C. law bans all handguns not...
  • So DC loses Heller - then what?

    03/19/2008 11:21:49 AM PDT · by ctdonath2 · 23 replies · 479+ views
    FR | now | ctdonath2
    Conventional wisdom is that DC will lose the Heller case before SCOTUS. We've blathered at length about what this means _legally_. I'm wondering what this means _practically_ for DC? To set the premise, consider that DC is already arranging for door-to-door search-and-confiscate operations (prefaced as "no charges will be filed" and "may we please"), and is publicly referring to an otherwise unspecified "Plan B". Our visions of legal open unlicensed carry in DC are fantasy, folks. DC will not take a Heller loss lightly, and presumably will play very dirty to keep the local subjects in check. What will they...
  • In The Supreme Court of the United States (D.C. 2nd Amendment case)

    03/19/2008 11:35:30 AM PDT · by epow · 9 replies · 753+ views
    USSC ^ | 3/18/08 | unknown
    This is a PDF file transcript of yesterday's opening statements and questioning in the SCOTUS on the first day of the D.C. gun ban case. I can't copy a pdf file so you have to use the link to read it in pdf format. Roberts starts the questioning with a couple of adroit questions concerning Hellerman's opening statement in which he claimed that Madison intended the amendment to protect only the right of the states to maintain an armed militia. Interesting stuff, to me at least.
  • Individual Right to Bear Arms Wins Favor in Court Argument - But Some Regulation May Be Acceptable

    03/19/2008 10:02:12 AM PDT · by neverdem · 79 replies · 1,841+ views
    The New York Law Journal ^ | March 19, 2008 | Tony Mauro
    Supporters and opponents of an individual's right to bear arms clash yesterday outside the U.S. Supreme Court during oral arguments on the issue.Diego M. Radzinschi/Legal Times Free: Individual Right to Bear Arms Wins Favor in Court Argument But Some Regulation May Be Acceptable By Tony MauroMarch 19, 2008 WASHINGTON - When U.S. Supreme Court Justice Anthony Kennedy is cast as the swing vote in a case before the Court, he often waits until late in the oral argument to tip his hand. But as the Court yesterday considered the landmark Second Amendment case D.C. v. Heller, Justice Kennedy was quick...
  • The District of Columbia v. Heller

    03/19/2008 9:50:17 AM PDT · by tang0r · 13 replies · 330+ views
    The Prometheus Institute ^ | 3/19/2008 | Joe Holmes
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson The Bill of Rights clearly articulates rights guaranteed to all citizens of the United States. Rights are largely a moral concept – the concept that facilitates individuals living within a larger society. The Bill of Rights essentially gives legal meaning to the moral rights expected of a free society. Stated another way, individual rights are the means of subordinating society to moral law. Since it cannot rightly be said that...
  • Statement of Paul Helmke President of the Brady Center On SCOTUS Oral Arguments [Barf Alert]

    03/19/2008 9:54:51 AM PDT · by kiriath_jearim · 16 replies · 519+ views
    Brady Campaign ^ | 3/18/08 | Paul Helmke
    Washington, D.C. – Paul Helmke, President of the Brady Center to Prevent Gun Violence, issued the following statement: "Today, the Justices of the Supreme Court thoroughly discussed the Second Amendment of the Constitution for the first time in nearly 70 years, in the District of Columbia v. Heller case. Their probing questions, and the lawyers' responses, highlighted the complex history and competing approaches to gun regulation in our country. I am hopeful that their ruling will uphold the right of people in communities like the District to enact common sense gun measures they feel are needed to protect themselves and...
  • SPECIAL REPORT: Right to Keep and Bear Arms in the Crosshairs at the U.S. Supreme Court

    03/19/2008 5:37:00 AM PDT · by tcg · 27 replies · 695+ views
    Catholic Online ^ | 3/19/08 | Deacon Keith Fournier
    The real question facing the Court was whether the District of Columbia’s total ban on handguns had gone too far and was therefore “unreasonable” within the meaning of past holdings.
  • Inside Scoop: Heller Case Goes Better Than Expected

    03/18/2008 10:07:05 PM PDT · by semantic · 97 replies · 2,145+ views ^ | 3/18/2008 | Alan Korwin
    The bottom line is, I think we’re going to be OK. When Justice Kennedy flat out said he believes in an individual right under the Second Amendment, there were no gasps in the hush of the High Court, but you could tell the greatest stellar array of gun-rights experts ever assembled, all there in that one room, breathed a sigh of relief -- we had five votes to affirm the human and civil right to arms. The transcript will be a key for analysis going forward until June, when the decision is expected, and I’m working without the benefit of...
  • High Court Considers Right to Bear Arms

    03/18/2008 8:07:59 PM PDT · by neverdem · 37 replies · 1,150+ views
    NY Times ^ | March 18, 2008 | LINDA GREENHOUSE
    WASHINGTON — A majority of the Supreme Court appeared ready on Tuesday to embrace, for the first time in the country’s history, an interpretation of the Second Amendment that protects the right to own a gun for personal use. That may be the easy part. The harder question in the case challenging the District of Columbia’s handgun ban is determining what kind of restrictions the government could constitutionally place, in the name of public safety, on the newly recognized right. The answer to that question, on which the outcome of the case will turn, was less clear. The argument was...
  • High Court Targets D.C. Gun Ban

    03/18/2008 7:17:38 PM PDT · by kellynla · 24 replies · 986+ views
    The Washington Times ^ | March 18, 2008 | Gary Emerling
    The fate of the District's 32-year-old ban on handguns — along with the potential validity of other firearm laws across the country — now rests in the hands of the U.S. Supreme Court after justices this morning questioned the constitutionality of the city's stringent gun statutes. "The court asked a lot of very insightful and interesting questions," said Alan Gura, a lawyer who argued before the nine justices in favor of upholding a lower-court decision that overturned the ban. "We feel very good about how the argument went and look forward to this case being resolved." The case — District...