Results 1 to 2 of 2

Thread: Two weeks from today - An answer to the question

  1. #1
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Nortonville, KY, USA

    Post imported post

    I posted only a snip of the article, you can read the complete article here:

    What will the Court decide?
    Keep in mind that I predicted the Heller decision would lose by 6 to 3. I did not think that Justice Kennedy would vote in favor and I was highly skeptical that Justice Scalia would vote for incorporation. I had assumed that the Heller decision would have answered the question of incorporation, I was wrong. Fortunately, Justice Scalia now claims to be a "convert" when it comes to incorporating the Bill of Rights.
    Based upon the Heller decision and these excerpts above from the McDonald oral arguments my conclusion is that within the next two weeks the US Supreme Court will find:

    The answer to The Question is "Yes" meaning it does apply to the States and to local governments. It applies via the due process clause and not the privileges and immunities clause.
    It is a fundamental individual right. Which is important because it will limit the extent to which the right can be abridged and places the burden of proof on the government to prove why the restriction should stand.
    The Heller decision will form the basis of the incorporation. At a minimum it will be legal to keep a loaded firearm in the home for the purpose of self defense.
    If the Court permits licensing then the licensing can not be enforced arbitrarily and capriciously. In other words, there must be a reason to deny one a license such as indicated in Heller (convicted Felon, insane).
    The right to keep and bear is the right to keep and carry a loaded gun in public except for certain sensitive places like schools and government buildings.
    The Court will leave the question of whether or not there is a right to carry a concealed weapon to another day.
    It has been reported that some court watchers believe that a sixth Justice will join in the majority opinion. The most likely Justice to make for a Sixth vote in the majority is Sotomayor but I really don't see it. I'm sure that Sotomayor views herself as the soon to be senior liberal justice on the court. If I could personally pick a sixth vote in favor I would chose Justice Ginsberg. I don't think that will happen.
    We'll know in less than two weeks.

  2. #2
    Regular Member
    Join Date
    Mar 2010
    Snohomish County, Washington, USA

    Post imported post

    Does anyone know if the Supreme Court is required to hand down a decision within the next two weeks, or can it be put off until a future term (i.e., after the beginning of October)?
    Hoplophobia is a social disease.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts