DC v. Heller Decision

[Hazcat]

I have waited a lot of years to hear these words...

Michael B

MB,

Do you know what level of scrutiny was used or recommended?  I could not find it in the decision (other than the decent).

[shooter32]

Haz, I was wondering the samething.

[Pathfinder]

MB,

Do you know what level of scrutiny was used or recommended?  I could not find it in the decision (other than the decent).

<edited for color, typo corrections, to fit your screen and time allowed>

From MB's blog, he quotes the Volokh Conspiracy, which was actually cited 3-4 times in the ruling:

Initial Impressions from Eugene Volokh
 
The Volokh Conspiracy law site is swamped, so here's Eugene Volokh's (who was cited in the ruling) initial impressions:
My basic thought after reading Justice Scalia's majority opinion is that it is relatively narrow -- in the sense that it leaves a lot for another day. It recognizes the individual right (citing, by my count, 3 articles by Eugene and one by Randy, not that we academics count such things), but does not resolve the degrees of scrutiny, does not address incorporation, and indicates (without establishing) that traditional gun restriction laws are valid.
I'm still reading...
Posted by Michael Bane at 9:54 AM 0 comments 

[Michael Bane]

Scrutiny not SPECIFICALLY stated, but reading into Scalia's wording indicates highest level of scrutiny...waiting to talk to David Hardy and Larry Keane later today...should have first podcast up — interview with Jim Shepherd, who used to cover the Supreme Court for NBC — will be up within the hour...

mb

[Hazcat]

MB, Path... Thanks. 

MB,  I will be interested to hear the legal communities take on this.

[Sponsor]

[ericire12]

That was my first reaction as well - only 5-4? We were a Justice Kennedy away from losing this folks, and the Bradys et al. will use that to justify - somehow - draconian measures in other locales that will then take expensive lawsuits to overturn - assuming the judiciary recognizes the SCOTUS ruling. Remember that mope judge Weinstein in NYC who ignored Federal law and allowed Bloomberg's anti-gun case to continue against the gun manufacturers - only to be overturned, but more money spent to show the judge he was wrong.

Judicial tyranny indeed!     

Bullseye!

And where is the accountability? Where is the punishment of elected officials and activist judges for their abuse of power. You can't just push political ideology into the law of the land and then challenge someone to have enough capital to get it over turned in the courts.

This case never should have even made it to the supreme court. Where was the NRA? The DC gun ban was on the books for decades(1976). As far as I am concerned, for something like this to have to come down to one lone justice (Kennedy) means that the NRA was asleep at the wheel. What if he had been swayed the other way, or what if he had been a more liberal appointee? The implications of this going the other way would have been disastrous for the 2nd amendment. It would have given states/cities the power to nullify a major part of the constitution at their discretion. 

[ericire12]

DC Mayor Adrian Fenty:

"As mayor of the District of Columbia, I think I speak for the near unanimous population here in this city when we say we're disappointed, we wish the ruling had gone the other way, but that we stand here and we respect the court's power to make this ruling and their deliberation that got them to this point,"

http://www.foxnews.com/story/0,2933,372283,00.html

It still will be illegal to carry handguns outside the home, and all pistols must be registered with police.

http://www.cnn.com/2008/US/06/26/scotus.guns/index.html

[jpr9954]

To commemorate this historic occasion, I called the Supreme Court's Public Information Office and ordered what is called a "slip opinion." The slip opinion is the court opinion bound into a little paperback pamphlet. It is the first printing of the Court's opinion. I thought this would make a nice momento.

The cost is FREE. Just call 202-479-3211 ext 1 and ask for a printed copy of the slip opinion for Case 07-290 (DC v Heller). They will pop it in the mail to you. It might just become a collector's item some day. Of course, the preservation of our 2A rights was priceless.

John

[Marshal Halloway]

                                                                                                                                                                                                           

COMMENTARIES Washington D.C. v. Heller
	DOWN RANGE RADIO SPECIAL EDITION                                                                                                           Download mp3 file	Host:                           Michael Bane                           Guest: Jim Shepherd                                 34:18 minutes       06/26/08

[DDMac]

It didn't take long to run into another dissenter who was protesting the Heller ruling. Just went out to share a HAZardous Margurita with my guard dog when I heard this guy demanding an end to varmint rifles!



Just can't please everyone I guess.
Mac.