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« Hunter Biden FOIA | Main | Cert granted »

15th anniversary of Heller

Posted by David Hardy · 26 June 2023 03:11 PM

Dave Workman is celebrating!

I remember the oral argument.... and realizing how Kennedy would vote, which meant who would win. He asked the DC advocate, essentially, if the 2A couldn't be read as having two independent clauses, militia and arms, neither of which restricts the other.

The line for spectators stretched over two blocks, as I recall, and only those who'd been in line for 72 hours got in.

I was one of the last out, and I heard the Chief Justice say "don't worry, counsel, WE'RE still here!" I turned around and realized -- the courtroom had been absolutely packed with people, I don't know how many hundreds, and the next case up a humdrum one, so the entire room was clearing except for a Justices and maybe a dozen tourists in the back.

7 Comments | Leave a comment

David Lawson | June 26, 2023 4:21 PM | Reply

Remember it well. Wife and I were in town visiting our son who at the time was an aide to Sen. Kennedy. We got in line and were way in the back.

If already been in contact with Gura about the Chicago follow-up and got to go again as one of the plaintiffs in McDonald. What a thrill that was.

Fyathyrio | June 26, 2023 4:22 PM | Reply

Also, it is 89th anniversary of congress passing NFA, may we soon celebrate its demise.

Marcus Poulin | June 26, 2023 7:28 PM | Reply

Yes Hopefully & Agreed Fyathyrio!

Flight-ER-Doc | June 28, 2023 8:11 AM | Reply

15 years on and federal judges still think it's optional.

But, it at least got us to Bruen, which is a start

FW | June 28, 2023 11:08 AM | Reply

We would never have had need of any of these decisions if the judges hadn't ruled WRONG in Barron. Marshall should be dug up and hung. 14th Incorporation is incorrect but even then has never been fully applied to the BoR.

Fundamental Law Theory - the subordinate cannot define the superior so how is it that the SC tells We the People what WE mean in OUR constitution when OUR Constitution creates the SC? Lies, usurpations, ...

Marcus Poulin | June 29, 2023 1:16 PM | Reply

The Jones Vs. Hendrix Case was Granted Certiorari Last Year and Is Going to Be Decided Soon?

FW | July 9, 2023 8:08 AM | Reply

A good way to understand the 2nd comes through diagramming the sentence.

It can be shown to cover three major Rights.

First:

A well regulated Militia, being necessary to the security, of a free State "shall not be infringed."

Second:

The Right of the People to keep Arms "shall not be infringed."

Third:

The Right of the People to bear Arms "shall not be infringed."

Add to this a more extensive reading of "free State" with this phrase including the concept of a "free State of being, i.e. Liberty.

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