Tuesday, March 02, 2010

Court Likely to Rule Right to Keep and Bear Arms Extended

I don't think they dare rule the right is not extended. But look for every possible attempt to obfuscate "shall not be infringed" with "reasonable restrictions." [More]
I posted a second Gun Rights Examiner column to provide the first feedback from SCOTUSBLOG and to await the release of the oral argument transcript. I have a link there and will advise when it becomes available.

And not like I want to look a gift horse in the mouth or anything, and it is nice to break into the top 5 at Examiner.com on occasion, but look what more Americans consider to be more important to read about:

5 comments:

Diogenes said...

It's not like we don't know that the majority of this country is more interested in "entertainments" than "Life, Liberty, and ,," Pursuit of Happiness has taken an inroad to the others at their peril.

We watch this with anticipation and dread, knowing full well that no matter which way the court swings, there are further attacks being staged. It never ends.

W W Woodward said...

Well, It doesn't look all that good. Gura's Privileges and immunities argument seems to be a dead letter. The black-robed nine aren't going to overrule Slaughterhouse even though they, everyone, know that the case was wrongly decided. The analysis of the arguments remind me of the SCOTUS's irrelevant comments during the Heller arguments about Miller.

The SCOTUS is likely to go with the due process clause and allow states and local governments to continue thumbing their collective noses at the 2nd Amendment just as DC has done since Heller.

Governments can kill and/or imprison anybody they want to as long as they use due process and reasonable restrictions.

I've had quite a number of federal inmates I come into contact with on a day-to-day basis say to me that the feds have told them, "We're the federal government and we can do anything to you we want."

[W-III]

Longbow said...

I have read the arguments. I think the Court will rule on both "privileges or immunities" and the "due process" clauses. Gura made a pretty good attempt in regard to P&I, but he was interupted always at the point of argumentative lucidity. Mr. Feldman looked like a fool. He failed to make any coherent argument at all.

I am pretty sure the Court will rule FOR incorporation. At the least it will be under due process. But the way the questions were worded, it seemed they are ready to overturn slaughterhouse, and incorporated under P&I also.

But then, I am eternally optimistic....

Anonymous said...

Wish I could be optimistic, but the 9 Robed Dictators that can't read or understand plain English said in Heller that the 2nd is a right but it can be infringed any way feds wish. And Scalia then went on to outline how to infringe. Getting bad vibes on this one.

Sean said...

You know, there ain't nothin' bettern' oilin up my rifle and a good hot cup of coffee. And waitin' for them black robed idiots to step on their wangs. Them that's got em', of course. Don't know what people are in so much dread of. We're all gonna die, so, why not do it standing up? Especially for something you believe in.