The Down Range Forum
Member Section => Down Range Cafe => Topic started by: Hazcat on July 16, 2007, 10:18:53 AM
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http://www.scotusblog.com/movabletype/archives/2007/07/second_amendmen.html
Monday, July 16, 2007
Second Amendment case headed to Court
Posted by Lyle Denniston at 10:57 AM
Local government officials in Washington, D.C., announced Monday they will appeal to the Supreme Court in a major test case on the meaning of the Second Amendment. The key issue in the coming petition will be whether the Amendment protects an individual right to have guns in one's home- an issue on which there is now a clear conflict among federal Circuit Courts.
The petition would have been due Aug. 7, but city officials said they would ask Chief Justice John G. Roberts, Jr., for a 30-day extension of time to file the case. Mayor Adrian M. Fenty and city Attorney General Linda Singer disclosed the appeal plan at a press conference, along with local Police Chief Cathy Lanier.
The D.C. Circuit Court ruled on March 9 that the Second Amendment does guarantee an individual right to possess a gun -- at least within one's own home. The case is Parker, et al., v. District of Columbia (docket 04-7041). On May 8, the Circuit Court refused by a 6-4 vote to rehear the case en banc. The mandate is scheduled to be issued Aug. 7, but will be withheld after the city files its Supreme Court petition.
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This could be the answer to our prayers or the beginning of a nightmare.
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This could be the answer to our prayers or the beginning of a nightmare.
Exactly correct. I wished for this for years, but now that it is here, I am worried. You cant tell about those justices.
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Probably as good a case and as good a time and as good a court as we're gonna get. We're staring down the barrel of a hostile Democratic administration that, with no positive ruling, is gonna do its best to rip us several new ones. I don't think they could do much worse with an unfavorable ruling. And a favorable ruling just might keep them in their cages.
At this point, we just have to hope for the best.
SCOTUS could still decline to hear the case, right? Or is that not right?
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Probably as good a case and as good a time and as good a court as we're gonna get. We're staring down the barrel of a hostile Democratic administration that, with no positive ruling, is gonna do its best to rip us several new ones. I don't think they could do much worse with an unfavorable ruling. And a favorable ruling just might keep them in their cages.
At this point, we just have to hope for the best.
SCOTUS could still decline to hear the case, right? Or is that not right?
Yes, they could decline but I have read several opinions that the SCOTUS would hear this if it was appealed due to the stark wording in the decision. Makes it sort of unavoidable.
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So it will be 4-4 w Kennedy the decider.
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So it will be 4-4 w Kennedy the decider.
If there is a God In Heven Kennedy will not have a say.