• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Resistance by Inferior Courts to SCOTUS 2nd Amendment decisions

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
"RESISTANCE BY INFERIOR COURTS TO SUPREME COURT'S SECOND AMENDMENT DECISIONS," by Alice Beard, in Tennessee Law Review. It takes an optimistic view of long-term trends. At the moment, judicial recognition of the 2A as an individual right is relatively new and, to many courts, even irregular, something to be approached with caution or outright resistance. In the longer term, it may become accepted as one more American constitutional right.

http://www.alicemariebeard.com/law/ResistanceByInferiorCourts.pdf

H/T to David Hardy at "Arms and the Law" http://armsandthelaw.com/

It may become accepted?*

I wait with bated breath for some of the conflicting-decision cases based on Heller or McDonald to reach the Supreme Court. The pronouncement from Mt. Olympus as to just who decides what is and is not the constitutional interpretation of the law ought to be stellar reading. (SCOTUS is known for sneaking in bitch slaps of varying degrees of subtlety.)

stay safe.

* - who was it that said something along the lines of "You lost. I won. Get over it."?
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
Wowwie!!!

BZZZZZZZZZZZZZZZZZZZZZZZZZZ!!!!!!!!!!!

Need a picture of a Spelling Nazi. Grammar Nazis are of a different ilk.

stay safe.

Gentlemen!!!!! this forum is read by many very and impressionable people,,, both young and old,,, Be Nice!!!

WE All know that the use of terms such as, spelling Nazi,,, and grammar Nazi....
Will upset, belittle, crush, disfranchise and Maybe... Even hurt the Feelings,,, of...

Real Nazies!!!!
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
SpellingNazi.jpg
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
und ve know vher you live...

Please use the back door. The other one (it's the front door but it's on the side of the house) has all sorts of junk piled up in front of it and I wouldn't want you to trip and hurt yourself.

stay safe.
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
If SCOTUS rules "yes" and a lower court later contradicts them and says "no," I would seriously hope those who enforce the law understand that first and foremost the Constitution is "the supreme Law of the Land," and that rulings by higher courts always trump those of lower courts.

The date of the ruling doesn't matter. The ruling court's position in our nation's judicial hierarchy does matter.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
If disregarding the decision of a court is contempt of court, is disregarding the decisions of the Supreme Court supreme contempt?

There is a mechanism for "chastizing" those judges who choose to disregard what is supposed to be settled law, but it requires the Justices to actually do something.

As for everyone lesser than the judges who have decided to disregard the Supreme Court's decisions, there is the possibility that they will lose their immunity (since by now everybody is supposed to know how SCOTUS decided the issue). But even if you win and recover not only all your costs but your property (including any necessary restoration to the condition it was in before it was seized) you have still lost time, effort, and reputation. Getting The State to indict one of its own on criminal charges of mis- and/or malfeasance is highly doubtful.

stay safe.
 
Top