McDonald Decision Date Bounty

[Patrick]

I know. The 'loss' I worry about is not the headcount but the chance that they will suggest less than strict scrutiny for 2A. On other words, single it out as a "lessor" right than the others in the BoR.

That would pretty much let places like MD do what they do now, plus more.

 

[Inigoes]

Man how horrible would it be if we lost? Everyones betting on 5-4 6-3 etc, well what if its the other way around? Man, I'd hate to see the backlash from all the gun owners. Whew.

Anywho...I guess I'll partake.
June 29th. 5-4 with Sotomayor dissenting,
And I think they will allow for some regulation.

That would set a horrible precedent. Because the SCOTUS would allow a way to remove an amendment in the BOR from incorporation. Anyone care to lose their right to free speech?

 

[krucam]

At least another week to go, to nobody's surprise. 4 cases decided today, the most interesting in my opinion was Graham v. Florida:

Holding: It is unconstitutional to sentence a juvenile offender to life in prison without parole when the crime does not involve murder, given the Eighth Amendment’s ban on “cruel and unusual” punishment.

http://www.scotusblog.com/2010/05/todays-orders-and-opinions-12/#more-20229

Decisions made on 39 of its argued cases this Term, including all cases argued during the October Sitting. However, 38 argued cases are still pending by my count including of course McDonald...we're past half way...

I believe the next date for Opinions is next Monday, May 24th.

 

[Patrick]

The most interesting of the day for me was United States v. Comstock:

In United States v. Comstock (08-1224), in an opinion by Justice Breyer, the Court reverses and remands the lower court’s decision. The vote is 7-2, with Justice Thomas dissenting, joined by Justice Scalia. Justice Kennedy concurs in the judgment only, joined by Justice Alito.

* Holding: The Court upholds the law passed by Congress to order the civil commitment of a mentally ill federal prisoner who is a sex offender with the commitment to continue beyond the date the inmate otherwise would be released.

Thomas and Scalia dissented.

The scary part about this is the "slippery slope" argument: it establishes that the Feds can usurp State punishments, and using a lower standard than "beyond a reasonable doubt", essentially impose an additional, harsher penalty for a crime than that which the original state and jury imposed.

Remove the fact that Comstock was caught buying kiddie porn when you read about this case and replace it with a crime of your choice.

Thomas and Scalia are not what you would call liberal criminal-lovers...they see where this could possibly go. This gives the Feds a power to determine a person an 'enemy of the common good' and lock them up indefinitely without additional trial. It opens the door to Fed conversion of a misdemeanor assault case into a Federal punishment reserved for heinous felonies.

Think of a future case: man is convicted of failing to register all of his firearms under MD law, loses trial and pays penalty. Feds brandish him a "dangerous person" because of his large collection and impose their own sentence with no trial.

Yeah, that would never happen.

This could legitimize a power that tyrannical governments have long cherished -- deeming someone an 'enemy of the state' and locking them up forever.

 

[Bigdtc]

Man how horrible would it be if we lost? Everyones betting on 5-4 6-3 etc, well what if its the other way around? Man, I'd hate to see the backlash from all the gun owners. Whew.

Anywho...I guess I'll partake.
June 29th. 5-4 with Sotomayor dissenting,
And I think they will allow for some regulation.

It would be horrible. Just think, McCain would have never appointed the likes of Sotomayor or the upcoming noob... Thanks, again ,for your "O" vote....

 

[haoleboy]

At least another week to go, to nobody's surprise. 4 cases decided today, the most interesting in my opinion was Graham v. Florida:

Holding: It is unconstitutional to sentence a juvenile offender to life in prison without parole when the crime does not involve murder, given the Eighth Amendment’s ban on “cruel and unusual” punishment.

http://www.scotusblog.com/2010/05/todays-orders-and-opinions-12/#more-20229

Decisions made on 39 of its argued cases this Term, including all cases argued during the October Sitting. However, 38 argued cases are still pending by my count including of course McDonald...we're past half way...

I believe the next date for Opinions is next Monday, May 24th.

why is this interesting to you krucam?

disturbs me because I think there are a few crimes that are equally deserving of a life without parole sentence. Sexual crimes against children rank highest in my mind just to name one. I truly do not believe that those people can ever be rehabilitated. Doesn't matter if you are a minor, you should never be let out in free society again. We have to remember that gangs like to recruit minors because of their ability to usually skirt jail time. I don't consider 15-17 a minor.

 

[Inigoes]

why is this interesting to you krucam?

disturbs me because I think there are a few crimes that are equally deserving of a life without parole sentence. Sexual crimes against children rank highest in my mind just to name one. I truly do not believe that those people can ever be rehabilitated. Doesn't matter if you are a minor, you should never be let out in free society again. We have to remember that gangs like to recruit minors because of their ability to usually skirt jail time. I don't consider 15-17 a minor.

I agree with this being a horrible crime. The death penalty should be imposed more.

But I agreeing with Krucam interest, and also the dissenting justices. The door is open to further expand punishments beyond what is deemed reasonable.

The failed experiment of redeeming prisoners needs to stop, and start punishing them again to include the death penalty.

 

[haoleboy]

Right, once you go to jail for a felony you have lost your rights till you get out, if you get out.
Jail in this country should be like it is in some other countries. Jail here should be so phucking bad that if you ever get out you will do ANYTHING and EVERYTHING to make sure you never go back.

 

[MDFF2008]

I'm not comfortable with the idea of people 12-17 being put in jail for life without parole.

I think that at that age there is still some hope that they can be changed. Are there such things are born criminals, I can agree with that; but I think we must make a substaintial effort to try to change their lives.

Sentencing to life w/o prison at age 12 seems like we are throwing in the towel without trying.

Don't get me wrong, I'm in no way saying he deserves a slap on the wrist. He deserves a very severe punnishment.

 

[krucam]

Final opinions for May being announced today at 10am. Next round of opinions after today will be Tuesday, June 1st.

http://www.scotusblog.com/

 

[Inigoes]

Final opinions for May being announced today at 10am. Next round of opinions after today will be Tuesday, June 1st.

http://www.scotusblog.com/

Interesting blog comment, don't know what it's about.

The Court rules that the fact that a firearm was a machine gun is an element to be proved to the jury beyond a reasonable doubt, and is not a sentencing factor to be proved to the judge at the time of sentencing.

 

[Inigoes]

Found it.

http://www.supremecourt.gov/opinions/09pdf/08-1569.pdf

 

[Patrick]

Well, my guess has passed the mark. I'm not too heartbroken, considering I was going to give up the bounty either way. I think all you guys who aimed for the last day of the session have it right. If so, it'll be down to ruling details.

We may have to form our own "Supreme Court of Losers" (those who lost by the time the case is decided) to figure out the winners.

 

[krucam]

He who offers Karma is never a loser....read that somewhere on the interwebs...

6 opinions decided today. 45 Opinions so far, 32 remaining for argued cases. The last few weeks they've averaged about 5/week. They'll need to average about 6+/week for the remaining 5 weeks in this session...but who's counting?



Tick, tick, tick...

 

[hogarth]

June 14th, strict scrutiny, 5-4 in favor of McDonald

 

[Kharn]

They'll release 4+ per day at the end of June, the Court can be called into session any day the Justices pick. I think sessions Monday, Tuesday (might be Wed) and Thursday is their normal last-two-weeks-of-June schedule.

 

[krucam]

More Opinions scheduled to be released today at 10am.

http://www.scotusblog.com/

This "should" be the only day this week for Opinions, Monday June 7th will be the next date.

 

[Patrick]

Just followed the live blog. Not today...

But we're down to 30 days now.

 

[Jim Sr]

"The suspense is often worse than the ordeal."

"Rather suffer an injustice than commit one."
--- Yiddish proverb

 

[Atlasarmory]