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Thread: McDonald v. Chicago (08-1521)
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July 30th, 2009, 05:58 PM #1Grand Member
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August 24th, 2009, 07:53 PM #2
Second Amendment cases up early
http://www.scotusblog.com/wp/second-...ases-up-early/
The Supreme Court will consider two new cases on the scope of individuals’ Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court’s electronic docket. Both petitions challenge a Seventh Circuit Court ruling that the Amendment does not restrict gun control laws adopted by state, county or city government, but applies only to federal laws. The cases are National Rifle Association v. Chicago (08-1497) and McDonald v. Chicago (08-1521).
The so-called “incorporation” issue is the most significant sequel issue raised in the wake of the Court’s 2008 decision in District of Columbia v. Heller, recognizing for the first time a personal right to have a gun for self-defense, at least in one’s home.
If the Court agrees to hear the new cases after its first look, that could be announced as early as the day after the Conference — that is, on Wed., Sept. 30. The first Conference of a new Term customarily is held in advance of the Term’s formal opening; this year, the Term starts Oct. 5.
The Court has not yet scheduled a time to consider another pending case on the Second Amendment issue — Maloney v. Rice (08-1592). The response in that case is now due on Aug. 28. The new Justice, Sonia Sotomayor, took part in the Maloney case when she was on the Second Circuit Court. Like the Seventh Circuit, the Second found that the Second Amendment only applies to federal laws. When the Justices consider the Maloney case, Sotomayor is not expected to take part. The fact that she had taken part in a ruling on the issue in one case, however, would not require her to withdraw from considering cases from other Circuits, like the Chicago cases."Having a gun and thinking you are armed is like having a piano and thinking you are a musician" Col. Jeff Cooper (U.S.M.C. Ret.)
Speed is fine, Accuracy is final
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August 24th, 2009, 08:40 PM #3
Re: Second Amendment cases up early
Good thing I've got pre-season scouting and goose hunting to keep me preoccupied instead of counting down the days one day at a time...
"You can't stop insane people from doing insane things by passing insane laws--that's insane!" -- Penn Jillette
"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." -- Ted Nugent
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September 11th, 2009, 01:56 PM #4
Re: Second Amendment cases up early
See my post here:
http://forum.pafoa.org/national-11/6...tml#post894923
The 2nd Circuit case in which Sotomayor refused to incorporate the 2nd is being appealed to the SCotUS, and is being considered on the same date at the aforementioned Chicago cases. If they consolidate the 3 into a single case, and Sotomayor follows custom, she will need to recuse herself from the consolidated case."Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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September 11th, 2009, 03:15 PM #5
Re: Second Amendment cases up early
SotoB**** not being on the bench may make things go 5-3, but it could make it go 4-4. If the latter happens, do we win or lose?
"You can't stop insane people from doing insane things by passing insane laws--that's insane!" -- Penn Jillette
"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." -- Ted Nugent
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September 11th, 2009, 03:27 PM #6Grand Member
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Re: Second Amendment cases up early
If it goes 4-4, the lower court decision is upheld. It can then be re-argued.
The 2A does not GIVE us the right. It tells the gov they can not INFRINGE our right.
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September 12th, 2009, 08:10 AM #7Super Member
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September 12th, 2009, 11:21 AM #8
Re: Second Amendment cases up early
It's pretty clear that they'd want to hear it because they left the door open with Heller. It'd be stupid not to finish the puzzle, plus the inferior courts (yes I do think of Chicago and NY as inferior) said that the SCOTUS would have to rule on it.
"You can't stop insane people from doing insane things by passing insane laws--that's insane!" -- Penn Jillette
"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." -- Ted Nugent
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September 24th, 2009, 04:49 PM #9
Re: Nor**** being re-heard in the 9th Circuit
Haven't listened myself yet, but here's the en banc Oral Arguments in Nor**** v King:
http://www.ca9.uscourts.gov/media/vi..._id=0000003933
This link was courtesy of the blog Of Arms and the Law. If I can find a transcript, I'll post it here as well."Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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September 24th, 2009, 06:43 PM #10Grand Member
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