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Thread: DC v. Heller

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    Regular Member Thundar's Avatar
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    According to SCOTUS Blog DC v. Heller was not released by the high court today

    Link Here:

    http://www.scotusblog.com/wp/


    Two justices, Scalia and Souter have not written for that sitting.

    Next Opinion Day will be Monday,23 .June.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Thundar's Avatar
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    If Scalia writes the majority opinion we are in good shape.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Thundar wrote:
    If Scalia writes the majority opinion we are in good shape.
    I'd much rather have Thomas writing the opinion. That's just me though.

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    Regular Member Thundar's Avatar
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    DKSuddeth wrote:
    Thundar wrote:
    If Scalia writes the majority opinion we are in good shape.
    I'd much rather have Thomas writing the opinion. That's just me though.
    I agree, Thomas is very obviously the most pro 2A, but Scalia will write in a manner that will be very difficult for the Antis to twist.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    I predict Bader-Ginsberg writes the dissent...

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    DKSuddeth wrote:
    Thundar wrote:
    If Scalia writes the majority opinion we are in good shape.
    I'd much rather have Thomas writing the opinion. That's just me though.
    It will be written by Roberts and if not Roberts, Kennedy.

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    ama-gi wrote:
    DKSuddeth wrote:
    Thundar wrote:
    If Scalia writes the majority opinion we are in good shape.
    I'd much rather have Thomas writing the opinion. That's just me though.
    It will be written by Roberts and if not Roberts, Kennedy.
    You sound very sure of this; would you mind enlightening the rest of us if you know something about this process that we don't?

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    From SCOTUSBLOG:
    The only opinion remaining from the March sitting is Heller. The only Justice without a majority opinion from that sitting is Justice Scalia.
    The Court has announced that it will release opinions against at 10am Wednesday. Because seven opinions remain, it will almost certainly have one additional day. Based on past practice, that day likely will be Thursday.
    Looks good for the good guys if Scalia is the one writing the opinion.



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    Dahwg wrote:
    Looks good for the good guys if Scalia is the one writing the opinion.
    Probably; however, SCOTUSblog also said that if Scalia were writing for the majority, the decision's wording and rationale may only reflect a plurality of the Court, as some may hold the ban unconstitutional on differing logic. It also held out the possibility of Scalia voting in the minority (say it ain't so!).

    Anyway, looks likewhoever's written it isn't done yet; the liveblog is closed. The guys who run it are expecting a Thursday sitting and they haven't ruled out Wednesday, so here's hoping we'll have a new legal weapon by the end of the week.



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    Accoding to SCOTUSblog, Scalia is the only Justice to have not written for the Majority Opinion...

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    crotalus01 wrote:
    I predict Bader-Ginsberg writes the dissent...
    Nah. It'll be Stevens. Actually, it wouldn't surprise me at all if we see nine separate opinions on this one. Here's my prediction on how the justices will vote.

    Repeal the D.C. gun ban:

    Roberts, Alito, Thomas, Scalia

    Uphold the ban:

    Bader-Ginsberg, Souter, Breyer, Stevens

    Indeterminate:

    Kennedy

    Justice Kennedy has been the swing vote on the court since Justice O'Connor retired. My instinct tells me that he'll vote with Roberts, Alito, Thomas, and Scalia, but I've been wrong about him before and very well could be wrong about him again. I'm pretty sure I'm correct about the other eight, however.

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    Still nothing today... But I liked this from the SCOTUS blog...

    http://www.scotusblog.com/wp/liveblog-opinions-62508/

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



    I think that is a very, very good sign.



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    Regular Member Deanimator's Avatar
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    They've got to be dragging this out for a reason. I think that in addition to the telling questions asked by the Justices during oral arguments, the gloomy pronoucements by Brady and VPC tend toward not just a win, but a big win. I wouldn't be at all surprised to learn that Ginzburg's or Stephens' people had leaked the bad news to them so that they wouldn't be blindsided.

    I feel like I'm waiting in London to hear if we've taken Omaha Beach.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    Deanimator wrote:
    They've got to be dragging this out for a reason. I think that in addition to the telling questions asked by the Justices during oral arguments, the gloomy pronoucements by Brady and VPC tend toward not just a win, but a big win. I wouldn't be at all surprised to learn that Ginzburg's or Stephens' people had leaked the bad news to them so that they wouldn't be blindsided.

    I feel like I'm waiting in London to hear if we've taken Omaha Beach.
    On Monday at 9:45 i was anxious and waiting
    Today at 9:45 i was anxious and waiting

    It is like waiting to open Christmas presents!

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    hehe.... Are we there yet?

    Are we there yet?

    Are we there yet?

    Are we there yet?

    Are we there yet?

    Are we there yet?

    Are we there yet?

    ...

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    Whats gonna be bad is that as soon as they say it's an individual right, then our congress will impose the AWB.

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    DopaVash wrote:
    Whats gonna be bad is that as soon as they say it's an individual right, then our congress will impose the AWB.
    Like what Ron White says: "I had the RIGHT to remain silent......just not the ability!"

    Here we have the RIGHT to bear arms.....just not the arms to bear!

    Pathetic, really. Is there some strategic legal reason he dumped that in BEFORE the SCOTUS ruling perhaps?

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    Deanimator wrote:
    They've got to be dragging this out for a reason. I think that in addition to the telling questions asked by the Justices during oral arguments, the gloomy pronoucements by Brady and VPC tend toward not just a win, but a big win. I wouldn't be at all surprised to learn that Ginzburg's or Stephens' people had leaked the bad news to them so that they wouldn't be blindsided.

    I feel like I'm waiting in London to hear if we've taken Omaha Beach.
    If the news on the actual decisionhad been leaked, it would be a SERIOUS breach of protocol. NOBODY besides the justices, their assistants, and other people who work there and can't help but know are supposed to know the decision until the justices release it. As such, that information is considered classified under the same rules as U.S. intelligence reports, and if you leak it intentionally, go get your orange jumpsuit, do not pass go, do not collect $200. I would find it VERY difficult to believe that the Bradys would have that information and not the NRA even if it were leaked only to the Bradys. I would also find it incomprehensible that the NRA wouldn't broadcast that to the world; what better a weapon to haveagainst theBradys than proof that they're breaking Federal law to further their agenda.

    The Brady Center is more than likely making an educated guess just like the rest of us, based on the weight of arguments to either side and the tone of the justices during oral arguments, that their decision will define the 2A as an individual right. That breaks the back of the major argument for D.C.'s ban and thus the laws composing it will likely be struck down. Thus Brady is shifting to Plan B: given an individual right, what "reasonable restrictions" would pass the standard of review likely to be imposed?

    SCOTUS is dragging this out because it is alandmark decision. This case is expected to provide firm ground and a standard of review for judgement of other gun laws, and as such it needs to be well-thought-out; virtually all parties to the oral arguments agreed that Miller needed clarification and possibly a re-thinking of its interpretations.I would not be surprised if it were revealed that themajority opinionwas co-authored by more than one justice. It would be an unusual step, but given this case's importance in a crucial area of law, it is not impossible.

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    The Bradys and all the other anti groups KNOW that its an inalienable Right. They just want to get rid of it. I don't think they would have much support if they just came out and said "Hey, we're dead set against the 2nd and the RKBA, lets just repeal the Amendment". They have to butter their words with catchphrases like "safety" and "children" so the population at large can swallow it easier.
    There is no doubt in my mind that they are fully aware of what the 2nd really means.

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    Michigan Moderator Big Gay Al's Avatar
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    Glenn Beck said the decision will be released tomorrow. His "source" says the majority opinion is to be written by Justice Scalia. This sounds promising.
    Big Gay Al
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    BobCav wrote:
    DopaVash wrote:
    Whats gonna be bad is that as soon as they say it's an individual right, then our congress will impose the AWB.
    Like what Ron White says: "I had the RIGHT to remain silent......just not the ability!"

    Here we have the RIGHT to bear arms.....just not the arms to bear!

    Pathetic, really. Is there some strategic legal reason he dumped that in BEFORE the SCOTUS ruling perhaps?
    Good point, maybe so. Maybe the Neo-cons are working for a compromise.

    "You can do it your own way, if its done just how I say"

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    Big Gay Al wrote:
    Glenn Beck said the decision will be released tomorrow. His "source" says the majority opinion is to be written by Justice Scalia. This sounds promising.
    Beck really doesn't need a source, Scalia is the only one lacking an opinion!

    Will be interesting to see. I jus thope it isn't to narrow

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    *

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    Michigan Moderator Big Gay Al's Avatar
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    Found out, Beck's "source" is the SCOTUS blog.
    Big Gay Al
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    District of Columbia v. Heller




    Docket:
    07-290

    Citation:
    None

    Petitioner:
    District of Columbia, et al.

    Respondent:
    Dick Anthony Heller

    Case Media







    Abstract




    Granted:
    Tuesday, November 20, 2007

    Oral Argument:
    Tuesday, March 18, 2008

    Advocates




    Walter Dellinger
    (argued the cause for the Petitioners)

    Paul D. Clement
    (Solicitor General, for the United States as amicus curiae)

    Alan Gura
    (argued the cause for the Respondent)
    Facts of the Case

    For the first time in seventy years, the Court will hear a case regarding the central meaning of the Second Amendment and its relation to gun control laws. After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. The federal trial court in Washington D.C. refused to grant the plaintiffs relief, holding that the Second Amendment applies only to militias, such as the National Guard, and not to private gun ownership.

    The U.S. Court of Appeals for the District of Columbia Circuit disagreed, voting two to one that the Second Amendment does in fact protect private gun owners such as plaintiffs. Petitioners agree with the trial court's decision that the Second Amendment applies only to militias, and further argue that (a) the Second Amendment should not apply to D.C. because it is a federal enclave rather than a state, and (b) that the D.C. legislation merely regulates, rather than prohibits, gun ownership. Respondents, although disagreeing on the merits, have also urged the Court to review the case in order to clearly define the relationship between federal gun control laws and the Second Amendment.

    Question

    Whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

    Conclusion

    None




    Cite this page

    The Oyez Project, District of Columbia v. Heller, (No. 07-290),
    available at: <http://www.oyez.org/cases/2000-2009/2007/2007_07_290/>
    (last visited

    Wednesday, June 25, 2008).

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