Monday - June 28, 2010
Today Is The Day
Still waiting ... keep your fingers crossed.
Update 6 and final: Black Robes Smackdown. If nothing else, read justice Scalia’s concurrence, starting on page 52, in which he lays into justice Stevens’ dissent, and tears it apart point by point. Total. Pwnage. Sic ‘em Fang! Reading through it as Scalia takes Stevens apart brick by brick, in my head I keep hearing “and Brutus is an honorable man!” Mwahaahahahahahahaaa!
It is a thing of beauty. No, more than mere beauty, it is pure art, because in deconstructing Stevens Scalia also tears down judicial activism and the entire liberal mindset, showing how their reasoning is circular, childish, one-sided, and only applicable in piecemeal.
judges always get their way. That such usurpation is effected unabashedly - with “the judge’s cards . . . laid on the table,” - makes it even worse. In a vibrant democracy, usurpation should have to
accomplished in the dark. It is JUSTICE STEVENS’ approach, not the Court’s, that puts democracy in peril.
Horry Clap, somebody call Smokey the Bear ... there’s so much burnage going on here that there has got to be a forest fire in DC. Hey Stevens, DLTDHYOTWO! Loo. Zer.
Scalia for president? Scalia/Palin 2012, with Bolton as Secretary of State? Ah, such a dream that would be.
Update 5: At last, at last, thank God Almighty, at last!
Read ye the magic words and rejoice:
In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Opinion of the Court is reversed, and the case is remanded for further proceedings.
It is so ordered.
Update 4: the two-facedness of Democrats knows no bounds, nor has it ever. Truly, it is their fundamental approach. Reading through the McDonald decision, I come across a bit where southern Democrats were complaining how Union troops disarmed them during the Civil War, yet at the very nearly the same time were passing those Jim Crow laws that disarmed blacks. Even then their
Update 3: “reversed and remanded”. Such sweet sweet language. In your face Mayor Daley!
Held: The judgment is reversed, and the case is remanded.
Full text of decision, 214 pages, here.
Looks like full incorporation to me, at least so far:
Now that is worth a serious woo-hoo. Hell, I’d ring the Liberty Bell if it still worked and I could reach it from here.
Update 2: Is this incorporation, but maybe with some limits?
A 5-4 conservative majority of justices on Monday reiterated its two-year-old conclusion the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection.
“It cannot be doubted that the right to bear arms was regarded as a substantive guarantee, not a prohibition that could be ignored so long as states legislated in an evenhanded manner,” wrote Justice Samuel Alito.
The court grounded that right in the due process section of the 14th Amendment. The justices, however, said local jurisdictions still retain the flexibility to preserve some “reasonable” gun-control measures currently in place nationwide.
“Today marks a great moment in American history,” said Wayne LaPierre of the National Rifle Association. “It is a vindication for the great majority of American citizens who have always believed the Second Amendment was an individual right and freedom worth defending.”
UPDATE: IT’S A WIN !!
Reporting from Washington —
The Supreme Court reversed a ruling upholding Chicago’s ban on handguns Monday and extended the reach of the 2nd Amendment as a nationwide protection against laws that infringe on the “right to keep and bear arms.”The 5-4 decision appears to void the 1982 ordinance, one of the nation’s strictest, which barred city residents from having handguns for their own use, even at home.
The ruling has both local and national implications.
Justice Samuel Alito wrote for the five justice majority saying “the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner.”
Voting went exactly as we all figured, with the 5 Americans voting for the reversal, while the 4 communists voted against it.
Justice Samuel A. Alito Jr. wrote the opinion for the Court. Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas joined to form the majority.
Now I have to go and read the actual decision. Don’t want to start partying until I know some actual details. Updates to follow as I learn stuff and as I have time. Links and opinions welcome in the comments.
Woo hoo? God, I hope so!
The Supreme Court will release its opinion on the McDonald v. Chicago gun ban case on Monday. The opinion will decide whether the 2nd Amendment applies to the states.
Will we see “incorporation” today? Or will we see a willy-nilly wienie wank of weakness, where the court backs away from making a bold, sweeping, clear, final, and history-making statement, and just wobbles along a drunkard’s walk out in no-man’s land somewhere between the two camps? I don’t know. And that really bothers me, that something so clear, so obvious, so American could be blunted to the point of uselessness.
Wait and see. This post will be updated as the news comes in.
On the other hand, Americans know what their rights are. We know what the truth is. And many millions of us will simply choose to ignore the flatulations of eight old wheezers and one wise Latina should they come out strongly against our beliefs.
I’m hoping for boldness, though I know that’s a fool’s errand. “Damn right it’s incorporated Skippy” and “what part of Shall not be infringed” don’t you weasels understand?” is too much to hope for, but I’m holding onto that straw anyway. I want to see Scalia kick ass and take names.
Posted by Drew458
on 06/28/2010 at 07:56 AM
Filed Under: • Guns and Gun Control •
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