Money quote:
One function of the second amendment is to prevent the national government from interfering with state militias.
Still pushing that "Second amendment only means the states are allowed to have militias" nonsense we see... Anyone want to place any bets at how an 0bama-stacked USSC will rule on this? Assuming, of course, that they even deign to issue a ruling...
Some folks think the Supremes will have to take the case, given the split between the 9th circuit ruling and this ruling. And while Satomayor may or may not vote the same way Souter would have voted, I'm still not terribly optimistic.
Remember, after all, "We won".
That is all.
Thanks to Unc for the link.
6 comments:
Going to go with optimism here.
Actually forcing the decision back on the SCOTUS is a good thing. Once it decides for incorporation ( would have a hard time seeing them NOT deciding for incorporation) then it is binding on all states, right?
That money quote may actually come back to haunt them.
"One function" is prevent interference but the SCOTUS clearly stated that it isn't the ONLY function. The Justices would have to overturn their own decision to not incorporate.
Still will probably be a 5-4 decision.
So far Obama hasn't changed the basic composition of the Court; one of the 5-4 Heller majority would have to retire before Obama could turn the court into Warren Court II.
I only skimmed the decision, but even on skimming, it appears to be among the damn screwiest court decisions I can remember reading. The appeals court seems to be effectively denying the veracity of the Incorporation Doctrine, which flies in the face of a hundred years of Supreme Court precedent.
I expect this to be reviewed en banc, and probably to be appealed to the Supreme Court.
Agree it will be 5-4 and closely watched with o'bots doing everything they can to force a negative decision.
LMFAO!
Where are the "several States" mentioned in the Second Amendment? The "several States" is the term--capitalization and all--that is used throughout the Constitution to refer to the former colonies.
Seriously statists, this is becoming embarrassing. Are we supposed to believe that the crime of the crop of attorneys are without junior high reading comprehension?
"crime of the crop"
I accidentally told the truth.
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