Supreme Court Requested to Review MD Carry Case

[fightinbluhen51]

I am with Al. When I was in the military I took my new Glock with me on the road to visit relatives in New York state. We were heading to a family hunting/fishing camp where we would shoot skeet as kids. Guns no issue.

It wasn't until I got there that someone told me about NY laws. Drove reL careful out of that state on the way home, for sure.

Williams did nothing wrong. None of us would have convicted him were we on his jury.

I think the court wants to go with "safer" cases, from a social perspective. I cannot help but think some desire to avoid stoking political fires might be at play with some justices. It still does not make me happy, but I tend to worry only about the things I can control. everything else I just gotta accept.

That is precisely why the Constitution's Article 3 has them as appointed by the president and confirmed by the entire senate; to make sure they are politically separated, responsible to no one but their own conscience, and untouchable.

Though, there certainly is a removal process, and congress has forgotten it has the power and authority to impeach judges on the federal bench for abusing their positions.

 

[fightinbluhen51]

Jury nullification could also be a very bad thing. See OJ Simpson.

Different story...that's LA. That's a different planet...let a lone country.

 

[fightinbluhen51]

Good example. Look also to just about every lynching acquittal in the South.

The biggest push for nullifications right now are those having to do with drug legalization, especially targeting prosecutions for Cannabis growth and possession. Pro-Legalization groups routinely educate college and other groups about the right, and heavily push for its routine use.

Personally, I'd like to see nullification for those damn DC speed cams. Those things zing me about twice a year.

Further...there is a HUGE issue with the speed cams from an equal protection position.

If you are caught by a po-po, charge is points and a higher fine. Caught by the cam, it's just a fine (and smaller).

 

[jashu360]

im glad to see so many people still optimistic with masciandaro. when will we know if masciandaro is going to be picked up, and if they do how long are we looking at before his case is heard

 

[Wolverine]

im glad to see so many people still optimistic with masciandaro. when will we know if masciandaro is going to be picked up, and if they do how long are we looking at before his case is heard

Currently, Masciandaro has filed a petition for cert. The US has until October 11th to file a response. After that Masciandaro has 10 days to file a reply to the US response. So now we are at October 22nd.

Anytime after that the Court can decide to Grant Cert, Deny Cert or just hold it. If they agree to hear the case, then they can schedule arguments and so forth. If it gets this far, then it is likely that a decision will be rendered by June of 2012.

 

[jashu360]

Currently, Masciandaro has filed a petition for cert. The US has until October 11th to file a response. After that Masciandaro has 10 days to file a reply to the US response. So now we are at October 22nd.

Anytime after that the Court can decide to Grant Cert, Deny Cert or just hold it. If they agree to hear the case, then they can schedule arguments and so forth. If it gets this far, then it is likely that a decision will be rendered by June of 2012.

thank you

 

[Papi4baby]

thank you

+1

 

[Fodder4Thought]

Jury nullification could also be a very bad thing. See OJ Simpson.

Good example. Look also to just about every lynching acquittal in the South.

These things are bad, sure, but I'd rather see 10 OJs or Klan members go free (preferably to meet their ends at the hands of more prepared would-be victims) than one innocent man go to jail because of an unjust law. You can fight thugs, bigots and crazed football stars but fighting the state is hard.

Maybe I'm just old fashioned.

 

[Oreo]

These things are bad, sure, but I'd rather see 10 OJs or Klan members go free (preferably to meet their ends at the hands of more prepared would-be victims) than one innocent man go to jail because of an unjust law. You can fight thugs, bigots and crazed football stars but fighting the state is hard.

Maybe I'm just old fashioned.

Nope, I agree completely.

 

[knownalien]

These things are bad, sure, but I'd rather see 10 OJs or Klan members go free (preferably to meet their ends at the hands of more prepared would-be victims) than one innocent man go to jail because of an unjust law. You can fight thugs, bigots and crazed football stars but fighting the state is hard.

Maybe I'm just old fashioned.

+1

 

[jashu360]

These things are bad, sure, but I'd rather see 10 OJs or Klan members go free (preferably to meet their ends at the hands of more prepared would-be victims) than one innocent man go to jail because of an unjust law. You can fight thugs, bigots and crazed football stars but fighting the state is hard.

Maybe I'm just old fashioned.

i agree

 

[fightinbluhen51]

These things are bad, sure, but I'd rather see 10 OJs or Klan members go free (preferably to meet their ends at the hands of more prepared would-be victims) than one innocent man go to jail because of an unjust law. You can fight thugs, bigots and crazed football stars but fighting the state is hard.

Maybe I'm just old fashioned.

You aren't old fashioned...that is precisely the justice system that worked for Casey Anthony, and precisely the justice system that our founders envisioned and crafted.

Where guilty going free is morally repugnant, innocent being incarcerated or being the victim of capital punishment is far, far worse.

 

[Right2Carry]

If Williams was wealthy, he would be a FREE man.

Oh, if Williams really was wealthy, he would most likely have a Maryland CCW permit while carrying around all his cash. :-0

 

[Peaceful John]

In plain truth, we have a bunch of lazy wimps in SCOTUS. SCOTUS simply does not want to work on tough issues.

Well, we got both Heller and McDonald. If SCOTUS avoided difficult issues, it doesn't quite seem like those cases would have turned out the way they did, at least to my mind. It looks like we may have at least 5 fellow travelers on the Court, and their intent may ultimately be to provide most of what we hope but in a way that causes least conniption to the Teacher's Union.

As others have said, Brown vs Bd of Ed went on, in one form or another for years and years. Our fight, also about civil rights, has come a long, long way since 2008 and we're not yet done.

 

[kharris]

You aren't old fashioned...that is precisely the justice system that worked for Casey Anthony, and precisely the justice system that our founders envisioned and crafted.

Where guilty going free is morally repugnant, innocent being incarcerated or being the victim of capital punishment is far, far worse.

Couldn't agree more.

 

[hvymax]

Well, we got both Heller and McDonald. If SCOTUS avoided difficult issues, it doesn't quite seem like those cases would have turned out the way they did, at least to my mind. It looks like we may have at least 5 fellow travelers on the Court, and their intent may ultimately be to provide most of what we hope but in a way that causes least conniption to the Teacher's Union.

As others have said, Brown vs Bd of Ed went on, in one form or another for years and years. Our fight, also about civil rights, has come a long, long way since 2008 and we're not yet done.

Heller and MacDonald are essentially meaningless. MD said so to their faces.

 

[ffemtreed]

Well, we got both Heller and McDonald. If SCOTUS avoided difficult issues, it doesn't quite seem like those cases would have turned out the way they did, at least to my mind. It looks like we may have at least 5 fellow travelers on the Court, and their intent may ultimately be to provide most of what we hope but in a way that causes least conniption to the Teacher's Union.

As others have said, Brown vs Bd of Ed went on, in one form or another for years and years. Our fight, also about civil rights, has come a long, long way since 2008 and we're not yet done.

yes and they did everything in their power to make sure heller and mcdonald were watered down and too vague. Looks at all the obstacles you still have to go through to get a gun in DC, look at where all this crap about "in the home" came from. Its going to take another couple of rounds of cases just to get a clear meaning out of heller and mcdonald, they should have had the gonads to do the job right the first time and we wouldn't be in this mess to begin with.

 

[brain juice]

Courts typically craft narrow opinions of law.

Gives attorneys something to do later.

 

[teratos]

Courts typically craft narrow opinions of law.

For the most part, I think this is the right thing for them to do. Of course, most of the time, the issue itself is narrow. This is different, this is not only a Constitutional issue, but it involves one of the "Bill of Rights". The only "10" more sacred than the BoR may be the 10 Commandments. The SCOTUS should be aware of the fact there seems to be a lot of confusion over just what is intended. They ought to just put a stop to is and say "Listen, dummies, this is what the 2A says...." I know that isn't the way it is, but as a citizen I think this is the way it should be.

 

[brain juice]

I know that isn't the way it is, but as a citizen I think this is the way it should be.

I understand your frustration but as a general principal, the less a court does the better.

However, after 200 years you would think that this question would have already been settled.