The Heller case

[Bill of Rights]

Hi all. Well, here we are, in the middle of June. The Supreme Court was to give us a ruling in Heller this month, and a glance at their calendar shows three more days this term in which they could do so, those being Mon. the 16th, Thurs. the 19th, and Mon. the 23rd.

I am, obviously, of the opinion that the case should go our way. I think it will more likely be something of a split decision, however; Most likely, IMHO, they will reaffirm the individual right and then agree to some idiotic "reasonable regulations" theory. I'm expecting a dissenting opinion if that is the situation, from Alito and possibly a second one (or a "concur") from Thomas, both in favor of the uninfringed right.

That said, I would absolutely love to see all nine of them unanimously vote to go strict-Constitutionalist and overrule everything all the way back to and including NFA 1934. I'm not holding my breath, but it would be very refreshing.

I'd be interested in differing viewpoints. Also, whoever first sees a decision, please post it!

Blessings,
B

[pioneer461]

I too have the gut feeling the ruling will go our way, but I would be shocked if it were unanamous. The usual "swing vote" is Justice Mr. Kennedy, who recently gave us the outrageous rulings on Gitmo Battlefield detainees and illegal aliens having rights.

Although more often than not he is liberal and activist in his decisions, Mr. Kennedy said during the oral argumens that the 2nd Amendment is an individual right, not a group right. Since he acknowledged that, it seems likely the court will rule 5-4 in our favor.

I hope.

http://i204.photobucket.com/albums/bb294/pioneer461/Flags%20and%20Icons/thCONSERVATIVE.gif

[Bill of Rights]

I think it was fairly clear that Roberts, Alito, Thomas, and Scalia would rule "individual right". From his comments, Kennedy also will likely do so.
Indeed, I can't see any of them claiming "collective right", as if there really was such a thing. That point I think has the best chance of being ruled upon unanimously.
Breyer, Souter, Ginsburg, and Stevens, possibly Kennedy also, may rule against freedom and individual rights on the points of regulation, however, as in "What is a municipality, district, state, etc. allowed to do insofar as regulation of firearms?" While it's clear to us that Constitutionally, the answer is "NOTHING!!", I think some of them may ignore little piddly details like Constitutionality. All that said, I think this is the best time to have brought this case. Let's also not forget the Hayes case, slated for next term. (US v Hayes)

This is supposed to address the Lautenberg Amendment, though the question listed doesn't seem to even touch on the issue of ex post facto legislation. Regardless, it'll be something to watch, esp. in light of Heller.

Blessings,
B

[tuna]

I think since the main theme of the argument is for the INDIVIDUAL'S rights, that it will go to our side. The court seems to support the individual's rights in all cases, and I'm hoping to see it go this way for the Heller case.

As far as the "reasonable restrictions", I'm afraid we'll see that also, but I'm hoping that maybe reason will prevail.

[Bill of Rights]

Update: My sources tell me that it's due to be announced tomorrow, and that Scalia is the most likely to pen the Courts' opinion, however with ten opinions remaining to be announced, it is probable, even likely that they will announce up to two more discussion days this week. It is unlikely that their term will extend into July.

Note that Scalia writing the opinion is a very, VERY good thing. :)

Blessings,
B

[VegasGeorge]

Bill, I hope you're right! I'm waiting with much anxiety.