DC handgun case

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ServiceSoon

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I was watching cSpan this morning and there was a Fourth Circuit Court of Appeals Judicial Conference. During that conference Thomas C. Goldstein (Lecturer, Stanford University, Law School) said there was a high probability that the SCOTUS would hear the DC handgun case and some other guy sitting at the same table agreed and made a joke that the only amendment that hasn't been tested is the 3rd.

This is history in the making. I feel helpless.
 
"This is history in the making. I feel helpless."

Yeah, there ain't much we can do now but watch. Still, however it comes out we'll be better off than we are now. Either they'll strengthen the Second Amendment (which we want) or they'll weaken it (which we can expect from legislation anyhow.) I'm just tired of existing in this never-never land, not knowing from day to day whether or not the JBTs will be able to kick my door down for some retroactively applied law.
 
They will kick, poke, and prod the Second Amendment once too often, I'm afraid. Threaten the security of the American people at your own risk. End your political career with one easy vote. Silence the people at the risk of your own voice. The list of adverse consequences is far longer than the list of inalienable rights needed to avoid the consequences. Do the math, but don't wonder the outcome if you miscalculate.

Woody

Look at your rights and freedoms as what would be required to survive and be free as if there were no government. Governments come and go, but your rights live on. If you wish to survive government, you must protect with jealous resolve all the powers that come with your rights - especially with the Right to Keep and Bear Arms. Without the power of those arms, you will perish with that government - or at its hand. B.E. Wood
 
Generally speaking, getting a hearing at the USSC when you have won at a lower level appelate court is not good.

In this case, it may be different because of the circuit split.
 
To me, it seems clear that should the court hear the case and decide against the Second Amendment, it's time to get serious about impeaching some "justices."

There are only two standards that I can see being applied to the "life appointment on good behavior": 1. Criminal activity; 2. Flouting the Constitution, which I consider criminal for a judge or justice.
 
Just clarifying, nothing has actually been announced (I just about had a heart attack [fear or joy, not sure which] when I saw the post title).
 
Thus we witness the one flaw in the constitution. A branch of the state composed of political appointees is the final arbitrator of whether the state is living up to its bargain.
 
HiroProX,

I disagree with your statement. If there is any "flaw" in the U.S. Constitution it is probably the fact that the actual number of U.S. Supreme Court Justices is not set forth by number.

Nine is merely a tradition, and that is what allowed FDR to use his Court Packing Plan to force the Switch in Time that Saved Nine. Look it up, very fascinating episode that significantly changed U.S. political culture.

The Supreme Court System we have is brilliant in theory and practice, and at the end of it all, the Supreme Court's moral authority and political capital are all the Court has to "force" us to follow its rulings.

Mark
 
On the one hand I'm hoping DC decides to fold so they don't lose big and just let their misguided ban go away.

On the other hand, all this waiting for the 90 day deadline is making my gut twist. I'd like to see the appeal and have them be in the same situation as me, worrying about what's gonna happen and knowing that everything is riding on this.

If we're gonna be worried sick, they might as well be too.
 
Nine is merely a tradition, and that is what allowed FDR to use his Court Packing Plan to force the Switch in Time that Saved Nine. Look it up, very fascinating episode that significantly changed U.S. political culture.


FDR wanted to expand the Supreme Court to 12 so he coukl pack it with liberals to support his programs, most of which the Supreme Court ruled unconstututional.
 
I keep seeing this thread title and clicking on it like I am going to get an M&M if I do so. MODS can you change the title to reflect reality?
 
Well technically he is correct- if the DC does appeal (as expected), SCOTUS will probably hear the case. Problem- they haven't done that yet, and the deadline passed a long time ago (they got an extension of unknown duration).
 
1. They have ninety days to file for cert. IIRC, the ninety days are up sometime in early/mid August. (En banc hearing refusal came out on or about 9 May, again IIRC.)

2. Yes, please change the title of this thread as it is extremely misleading and bad for those of us on blood pressure meds. (makes it go all loopy from them hope/fear this case has generated.)
 
DC has until August 7th to appeal. That's when the 90 days from the original decision is up.

They were never given any extension. They were granted a Stay, so that they weren't forced to implement any law changes while deciding whether or not to appeal. They always had 90 days.

My guess is that they won't appeal. Mayor Fenty is probably getting pressure from the Brady's and DNC NOT to appeal. They don't want this to be an election year topic, and they fear losing in SCOTUS (especially after the Court's last few decisions).

ETA: Here's a link.
 
The word on the street is that Paul Helmke is urging Mayor Fente not to appeal, saying the particular law in question is the wrong one to take to the Supreme Court.
 
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