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Thread: Judicial activism on the Wisconsin Supreme Court.

  1. #1
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    http://www.wpri.org/WIInterest/Vol16No3/Esenberg.16.3/Esenberg16.3.html

    In 1998, for example, the voters of Wisconsin amended the state constitution to guarantee “the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.”[v] Since passage of the amendment, the court has struggled to pave this broad constitutional right in order to preserve Wisconsin's pre-existing statute which, in its own description, “completely ban[s] the carry of concealed weapons by all citizens in all circumstances, a circumstance that the court has characterized as “anomalous, if not unique.”[vi]
    [ ...]

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    [v] Wis. Const. Art. I, § 25.
    [vi] State v. Hamdan, 2003 WI 113, ¶ 51, 264 Wis.2d 433, 665 N.W.2d 785.

    Hamdan at Federalist Society debate http://www.fed-soc.org/debates/dbtid.12/default.asp

    This brings us to the issue in Boumedienne, which is whether Congress unconstitutionally deprived the suspected terrorists at Guantanamo of constitutional habeas corpus rights when it passed the MCA. That statute was passed not in the wake of Rasul but in the wake of Hamdan, which said the President could not establish military commissions to try suspected terrorists like the 9/11 plotters now held in Guantanamo without further statutory authority from Congress.
    Clearly an error but indicative of in what this attorney has been engaged, desspite his professional interests, even to having Hamdan in 'his' spell checker.

  2. #2
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    I think you're confusing State v. Hamdan, 264 Wis.2d 433, 665 N.W.2d 785 (2003), the Wisconsin concealed weapon case, with Hamdan v. Rumsfeld, ___ U.S. ___, 126 S.Ct. 2749, 165 L.Ed.2d 723 (2006), the Guantanamo Bay detainee case.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  3. #3
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    Thank you. Too much pre-Christmas 'ham' here, two Hamdans and a Hamdi.

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