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No Heller today, should be tommorrow
Court had seven opinions left, announced four of them today (including no death penalty for child rape, and limiting punitives in Exxon-Valdez under maritime law). Three left for tommorrow: Heller, a campaign finance case, and one on energy contracts. Hope it's a good day for the First and Second Amendments!
Comments
Since CJ Roberts announced that all remaining opinions will be released tomorrow, we can have a real countdown!
23 hours, 17 minutes...
Posted by: Jim at June 25, 2008 08:43 AM
...Oh, the HUMANITY !!!!
Posted by: Dave Dudley at June 25, 2008 08:44 AM
THE NEXT STEP: THE SECOND AMENDMENT AS A HUMAN RIGHT UNDER INTERNATIONAL HUMAN RIGHTS TREATIES
If the Heller opinion affirms the individual right then the next step is the right to travel intrastate and interstate with your Second Amendment right (cf. Hamrick v. Bush, denied by U.S. Supreme Court, No. 03-145 and compare Bach v. Pataki, 408 F.3d 75 (2d Cir. 2005), denied by U.S. Supreme Court, No. 05-786)
If SCOTUS rules individual right then the Heller opinion will be evidence vindicating my human rights complaint against the United States pending at the Inter-American Commission on Human Rights (IACHR), No. 1142-06. If SCOTUS rules on any derivitive of a collect right of a state to arm a militia then the Heller opinion will be evidence of continuing human rights abuses at IACHR.
Posted by: Don Hamrick at June 25, 2008 11:30 AM
Thirteen hours, 19 minutes...
tick tick tick...
Posted by: Jim at June 25, 2008 06:41 PM
one thing is for sure our nation will be diffrent tomarrow
Posted by: Eric S at June 25, 2008 07:51 PM
One thing is for certain ..tomarrow Our Nation will be diffrent tomarrow.. for good or bad I dont know
Posted by: Eric S at June 25, 2008 07:51 PM
One thing is for certain ..tomarrow Our Nation will be diffrent tomarrow.. for good or bad I dont know
Posted by: Eric S at June 25, 2008 07:52 PM
There's been a lot of discussion on the re-introduction of the Assault Weapon Ban (HR 6257), which one guy making a comment that it's much-ado-about nothing given the likely "individual right" ruling. How would Heller, assuming an "individual right" ruling, affect Congress and the new ban reintroduction?
Posted by: Tim Weaver at June 25, 2008 11:08 PM
Six hours 49 minutes...
tick... tick... tick..
Posted by: Jim at June 26, 2008 01:11 AM
How Heller might affect a renewal of an assault weapons ban depends on several factors: one, whether and how far the court goes in defining what "arms" are protected by the individual right, two, whether and how far the court goes in discussing what types of controls do or do not "infringe" on that right, and three, what the renewed "ban" actually "bans." And probably a few other factors could be tossed in there as well, but to me these seems like the big ones.
For example, the original AWB did not actually ban private ownership of military "style" semi-automatic rifles. It banned only certain, primarly aesthetic, features not essential or primary to the functioning of the firearm as a weapon. I would bet that a restriction on a bayonet mount or grenade launcher would pass muster because it does not "infringe" on your individual right to own a semi-automatic rifle. Again, this would depend at least in part on whether the court says something indicating that mounted bayonets and grenade launchers are protected "arms" under 2A - which I seriously doubt.
Anyhow - according to my clock, it's T minus 4 minutes to decision and I'm having heart palpitations in anticipation.
Posted by: Bill at June 26, 2008 07:57 AM