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TRANSCRIPT OF THE McDonald Supreme Court argument

lcatct

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From reading the transcript, sounds like another 5-4 decision, same sides as Heller, in favor of incorporation.
 

gluegun

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I disagree. Even Stevens seemed to be in favor of incoporation. Breyer was the only one clearly opposed to it.

I hope Breyer includes his chart in his dissent. It would be framed and on my wall.
 

GoldCoaster

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I've never been a gut-feel fan of Scalia but reading that transcript has given me a lot more respect for the mans mind. You can read between the lines during his questioning of Mr Feldman that intellectually he was running rings around him and Feldman (who you have to admit is trying to defend an indefensible position) just has to stand there like a fool.
 

Lenny Benedetto

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I just finished reading the text from the oral arguments.
I should really write something intelligent here however, my first thought is this:

Feldman is a TOOL!!!!


Having attended the argument made by Rachel in the Second Circuit Court of Appeals. I have seen first hand how the Justices question the attorneys. They can be equally brutal to both sides.
Gura had a difficult time as did Feldman.
I really think that they beat on Feldman a bit more. If that is any indicator of their future decision....I don't know!
But my fingers are crossed!!
 

gluegun

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They beat on Feldman because he seemed to be arguing contradictory positions and those positions kept changing. He was NOT prepared for this.

Gura got beat on because he was arguing for overturning a landmark case in incorporation jurisprudence when there were other ways to do what he wanted (through Due Process). The fact that they granted cert in McDonald and not the NRA case shows that they wanted the opportunity to overturn Slaughterhouse. By the time oral arguments started they had either decided this was not the case to do that or Gura really needed to prove to them that PorI was the way to go over Due Process. Unfortunately I don't think he did that.

In any case, this will be a win for us. How much of a win is what's left to be decided.
 

GoldCoaster

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I think this is right. Gura was prepared and made hardly any mis-steps or sounded like he was lost for a thought.

Feldman is in a bad position because he's arguing uphill, it would be like someone arguing that a hand drill is faster to use than a power drill.

I don't think Feldman actually believes the drivel he's spouting but he's a hired gun by gun grabber Daley and he has to do something to earn his keep. If they made them swear to tell the truth, the whole truth and nothing but the truth, Feldman wouldn't be able to open his mouth.
 
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