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Supreme Court / Second Amendment

 
 
oralloy
 
Reply Sat 10 Nov, 2007 09:09 pm
Rumor has it cert has been granted!!!

http://thehighroad.org/showpost.php?p=3882273&postcount=27

Knock on wood.
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Type: Discussion • Score: 0 • Views: 1,068 • Replies: 7
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Joe Nation
 
  1  
Reply Sun 11 Nov, 2007 07:36 am
You'll have to take your hat off to do that.

Joe(but we will be able to see if you have a point.)Nation
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oralloy
 
  1  
Reply Tue 20 Nov, 2007 06:51 pm
Re: Supreme Court / Second Amendment
oralloy wrote:
Rumor has it cert has been granted!!!

http://thehighroad.org/showpost.php?p=3882273&postcount=27

Knock on wood.


No longer a rumor.

We got cert!!!!!!!!!!!!

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OmSigDAVID
 
  1  
Reply Tue 20 Nov, 2007 08:49 pm
YES.

I expect good things from Justices:
Roberts, Scalia, Thomas, Alito and Kennedy.
Some of the liberals have uttered pro-freedom ideas
of the Second Amendment in the past,
so except for Stevens,
I 'm interested to see how thay will turn out.
I expect a liberty-based decision
David
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oralloy
 
  1  
Reply Sun 16 Mar, 2008 04:53 am
Oral arguments this Tuesday (March 18).

In addition to the half-hour given to both sides, the Solicitor General will be given 15 minutes (presumably to argue his case for intermediate scrutiny instead of strict scrutiny).

Same-day audio release is planned.
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OmSigDAVID
 
  1  
Reply Sun 16 Mar, 2008 08:56 am
Good luck for personal freedom
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oralloy
 
  1  
Reply Wed 19 Mar, 2008 03:12 pm
Onward to Chicago and Fourteenth Amendment incorporation!

Very Happy
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OmSigDAVID
 
  1  
Reply Wed 19 Mar, 2008 06:48 pm
oralloy wrote:
Onward to Chicago and Fourteenth Amendment incorporation!

Very Happy

In theory, this ruling cannot extend so far as to limit the powers
of the States, because no state law is before the court; hence: Chicago.
We gotta admit that.

HOWEVER, in GIDEON v. WAINWRIGHT (1963) 372 US 335
the US Supreme Court held that:
" this Court has looked to the FUNDAMENTAL nature of original Bill of Rights
guarantees to decide whether the Fourteenth Amendment makes
them obligatory on the States. " [ emphasis added by David ]

In PLANNED PARENTHOOD v. CASEY (1992) 112 S.Ct. 2791 (P. 28O5)
the Supreme Court held that:
"All fundamental rights comprised within the term liberty are protected
by the federal Constitution from invasion by the states
" [ emphasis added by David ]
therefore,
if the USSC holds that the right to keep and bear arms
is a FUNDAMENTAL RIGHT, then it can be deemed to extend immunity
from gun control laws to each citizen and to every citizen anywhere and everywhere in America.
It depends on how the USSC chooses to look at it and what its decision says.
David
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