Formerly DC vs Parker: District of Columbia v. Heller Coming to SCOTUS 9/5/07

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  • Outcome of Heller vs DC

    • SCOTUS Hears Case and sides with Induvidual Right and Heller

      Votes: 18 58.1%
    • SCOTUS Hears Case and sides with Collective Right and DC

      Votes: 0 0.0%
    • SCOTUS Declines to hear Case.

      Votes: 13 41.9%

    • Total voters
      31

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    In my opinion there's really no way to tell what the scope of the ruling will be. Trying to guess what one judge will do is nigh impossible, figuring out what 9 together will do is like picking the Saturday night lottery numbers in advance.

    That being said, here's my guess on the lotto.

    I think it is probable that the court will find some kind of an individual right exists. Incorporation of that right into the state laws is something that will be inferred in the decision and probably occur gradually. This court is not going to spend it's time hearing a case like this to have it only affect DC and federal territories and property. But doing it all in one fell swoop and seeing what happens is a leap I don't think even the most conservative justices will be willing to take, they will not formally enumerate the Second as an incorporated right.

    I think what you will see is some kind of a decision that invalidates total bans on guns, like they have in DC & Chicago. It will definitely include protections for the law-abiding to own some kind of long gun, and probably handguns too.

    It will not however go to the point of invalidating most state and federal gun control laws. Illinois will still have their FOID, Cali will still have their silly AWB, and Marylanders will still have Brian Frosh telling them they're "nuts" and will never have shall-issue.

    However, the important thing will be that the Supreme Court will tell America that individual citizens do have an individual right to keep and bear arms. That, my friends, is a very, very big head start on gaining future legal ground, and just as importantly the public opinion, needed to roll back gun control laws.

    I'll paraphrase a little of what Churchill said after the Battle of Britian. It will not be the end of this legal fight, "it will not be the beginning of the end, but it will perhaps be, the end of the beginning."
     
    Last edited:

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    These are just my opinions and wild guesses, I wouldn't be foolish enough to think I can really tell what is going to happen in this case. But it's fun to muse over.

    I myself have little doubt that Thomas, Scalia, Alito, and Roberts will focus on a literal interpretation of the 2nd Amendment affirming the right of the people to keep and bear. They will strongly support the DC Circuit’s decision. This gives us 4.

    The hardcore socialists, Ginsberg and Souter, will disagree completely with the Miller decision, and will take the position local and state governments can do whatever they damn well please about guns. That gives the antis 2.

    So at this point we need one more.

    Breyer is a fairly hardcore liberal, he will probably side with Ginsberg and Souter. However he is also a very pragmatic decision maker. The well-documented studies of gun-control not working may work in our favor with him. I doubt it, but maybe.

    Stevens is often viewed as a liberal by the media, but in truth he’s really been all over the map in his tenure. He’s gone against the liberal wing on a number of issues, including flag-burning. He’s also a WW2 Navy veteran who won the Bronze Star and reflects back upon WW2 constantly in his decisions. Something in my gut tells me he could very well go pro-2nd on this.

    Kennedy has taken to a very libertarian style of thinking as of the past decade or so, and is generally the conservative swing vote. He will probably support a decision in favor of the individual right interpretation, though perhaps not as strongly worded a one as the four right-wing regulars on the court.

    Any of the above three swing-votes could also be the center of a “deal” as well, recognizing the individual right, but preserving certain abilities of state and local governments to regulate.


    All just wild guesses now, but I’m thinking a 6-3 or 5-4 in favor of the Parker decision.
     

    Deacon51

    Active Member
    Feb 28, 2007
    954
    Baltimore City
    IF Ginsberg and Souter voice a "Collective" right opinion and oppose a "individual" right model, will it hurt the chances of a third Clinton Term in the White House?

    The more I think about this case, the more important it seems.

    And Souter in "Small Vs. the United States" did side with the majority in restoring the right to keep and bear arms to a US citizen that was convicted in Japan of Gun Trafficking.

    Granted, this case was about the term "Any Court", and if "any" meant, "any" or if it only meant "any Court of the United States". Still, it does say that he doesn't wet his pants at the sight of a gun.

    Ginsberg on the other hand is a liberal activist with a robe.
     

    reiflame

    Active Member
    Feb 27, 2007
    203
    IF Ginsberg and Souter voice a "Collective" right opinion and oppose a "individual" right model, will it hurt the chances of a third Clinton Term in the White House?

    No. Why would it?

    Ginsberg on the other hand is a liberal activist with a robe.

    Don't kid yourself, Scalia's just as much an ideologue as anyone out there. And I just found out that the two are actually close personal friends. Weird.
     

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