Heller links and updates

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Heller at the High Bench

It isn't often that the Supreme Court gets to dig down to Constitutional bedrock in the Bill of Rights. But yesterday, at the Court's stately chamber, the nine took up the question of whether the Second Amendment gives individual Americans the right to keep a gun at home. The nine sat to hear, as in most great civil rights cases, the complaint of an ordinary American, in this case a retired security guard named Dick Anthony Heller, who felt the Columbia district was abridging a right guaranteed to him under our Constitution. The case could have wide impact, as there are some 192 million guns in the hands of 44 million persons in this country, according to a government sponsored survey in 1994.

In most places in this country there are few impediments to an individual keeping and bearing arms. Many states allow residents to walk into a sporting goods or other store, attest that they aren't felons and are over the age of 21, and drive home with a pistol out in the open on the seat beside them, no license needed. That is even the norm in America. Over most of the country, the Supreme Court's decision won't change a whole lot in terms of gun ownership. In most places, the freedom in respect of arms that is enshrined in the Bill of Rights is taken as having been granted by the Founders of America.

In the nation's largest metropolitan jurisdictions, however, the Supreme Court's decision could have a huge impact. The case before the Court involves a challenge to a Washington D.C. law that bans handguns and requires rifles and shotguns to be kept disassembled or otherwise non-operable. The justices seemed to focus on the fact that those two requirements in combination left residents of the district insecure in their own homes, our Joseph Goldstein, who was in the Supreme Court yesterday, reports. America, represented by the solicitor general, sought to avoid linking the right to keep and bear arms to militias, apparently for fear the justices could end up allowing ordinary citizens to keep the kinds of weapons modern militias use, like machine guns.

New York City's law isn't as strict as that of the Columbia district, but it's close. In New York City one needs a permit from the police department to keep a handgun at home. The problem is that the permitting process is entirely at the discretion of government officials. Mayor Bloomberg could instruct his police department to draw up a lawful licensing system that gives law-abiding, mentally sound adults with good vision the right to keep and bear a handgun. But Mayor Bloomberg has a hostility to this civil right that leaves little room for even those who feel they need to protect themselves in their own homes to keep and bear an arm.

We're reluctant to predict how the Supreme — or any — court will rule, but it's beyond us why the mayor is so exercised on this head. He speaks of "illegal" guns but rarely of the difficulty law-abiding citizens have owning legal guns. If he were balancing his campaign against "illegal" guns with a campaign to expand the rights of law-abiding citizens to own guns that are legally purchased, he would have gone a long way to defusing the issue. Most New Yorkers don't want to own guns or carry them; they have a magnificent police force to protect them. But no one likes to see a crabbed view of the Bill of Rights, which is what Heller is about.

Most New Yorkers don't want to own guns or carry them; they have a magnificent police force to protect them.

Now I totally disagree with someone else dictating my comfort level in NYC. The general point I want to make is I have six concealed carry permits which are useless to me as long as I reside in NYC but so what? I can move. In the time it took for me to get my NYC Rifle & Shotgun permit I received five of my six non-resident concealed carry permits. Something is seriously wrong with this picture.

  1. UT (Sent 03/10/07 Received 07/26/07)
  2. NH (Sent 08/06/07 Received 08/31/07)
  3. VA (Sent 08/16/07 Received 09/28/07)
  4. CT (Sent 08/16/07 Received 09/28/07)
  5. FL (Sent 08/16/07 Received 10/26/07)
  6. ME (Sent 08/16/07 Received 12/31/07)
  7. NYC (Sent 08/01/07 Received 03/03/08) R&S Permit

Heller at the High Bench
 
Update: in addition to the normal scheduled release of SCOTUS opinions on Mondays in June, the Court announced that there will be additional opinions this week on Thursday. As Heller has included several unconventional scheduling changes, maybe 6/12 is the big day.
 
As asked repeatedly please refrain within this thread. There are many current speculative threads open that will not be closed unless everyone opens one of their own. I will request a cleanup of the most obvious chatter.

More articles recently posted about the case:
Good analysis of Heller and the future by Mike O'Shea
http://www.concurringopinions.com/archives/2008/06/what_to_watch_f_1.html#more
Discussed here:
http://thehighroad.org/showthread.php?t=370926

Another one:
Gun Control Group Braces for Court Loss
http://abcnews.go.com/Politics/story?id=5055064&page=1
Discussed here:
http://thehighroad.org/showthread.php?t=370261

And finally FOX news trying to break news early that did not break.
http://www.foxnews.com/story/0,2933,367195,00.html
 
25 posts have been deleted from the second page alone. If your post was deleted, don't take it personally. There was probably nothing wrong with it except that it wasn't either a Heller link or a Heller update.
 
Time is now Thursday at 10AM - opinions are being released.
Live feed at http://www.scotusblog.com/wp/
(Seems the server has a heavy load. May not return a page. They're serving a lightweight version of the page now.)

No Heller decision today.

Tantalizingliy:
10:18 Tom Goldstein - For Heller fans, the correct count for March is that two cases remain -- Rothgery (involving the right to counsel) and Heller -- and Justices Scalia and Souter have not yet written in that sitting.
...
10:19 Tom Goldstein -
The next opinion day is Monday. There will certainly be one or possibly two additional opinion days next week. Wednesday and Thursday are most likely.
 
Def. keep an eye on scotusblog on Monday at 10 eastern. They're by far the quickest at dispensing the news.

It would certainly be awesome if Scalia got Heller. However, I wouldn't be at all surprised if Roberts kept it. Of course, if it is a 6-3 as many predict, it very well could be a Kennedy or a (insert lefty) opinion with stronger concurrences from the conservatives.
 
If Scalia is in the majority opinion as indicated in the scotus blog, that *seems* like a good thing for our side.

But I'm grasping at straws.
 
Draven32 said:
No Heller today either. Thursday....
usmarine0352_2005 said:
Looks like next Monday or Thursday.

The next session for the release of opinions is Wednesday, 25 June, at 10:00 a.m. It is expected that Heller and Kennedy will be released on different days, and that Exxon will be released alongside one of these cases.

And it looks increasingly like Scalia will be writing the opinion for the Majority.
 
Looks like Scalia is still on our side:

10:26 Tom Goldstein -
We can now predict that in addition to Justice Scalia likely writing Heller, Justice Alito is likely writing Davis v. FEC.

Also looks like tomorrow is the big day:

10:27 Ben Winograd - The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern.
 
Tomorrow it is

Ben Winograd - The Chief Justice has announced from the courtroom that the Court will issue all of its remaining opinions tomorrow at 10 a.m. Eastern.

Tom Goldstein - To recap for those watching the Heller decision, it will definitely be decided tomorrow morning.

I guess they realize there are a bunch of us watching that one....
 
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