November 14, 2007

• No Decision Yet From SCOTUS 2nd Amendment Case

Posted in Politically Speaking at 6:53 am by Rid

November 13, 2007

Fox News. is reporting that the US Supreme Court held off on Tuesday making a decision on District of Columbia, et al. v. Heller and the second amendment.
Key Points:

  • The court has not heard a case involving the Second Amendment — which covers the “right to bear arms” — since 1939.
  • Four justices must vote to grant an appeal that would allow the high court to hear the case.
  • The justices don’t always reach a decision the first time they consider taking a case.
  • Court could announce its decision about hearing the case is Nov. 26.
  • Suit over DC’s 31-year-old ban on weapons in- and outside the home.
  • Opponents point out the strict prohibition didn’t prevent Washington, D.C., from once being dubbed the nation’s “murder capital.”
  • Sir William Blackstone and the Federalist Papers, concluding “that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense.”
  • DC argues the constitutional language refers only to militias. It calls the D.C. Circuit’s ruling “extraordinary” and argues, “the District of Columbia — a densely populated urban locality where the violence caused by handguns is well documented — will be unable to enforce a law that its elected officials have sensibly concluded saves lives.”
  • Similar to Miller, this case offers the court under Chief Justice John Roberts some room to issue an opinion on narrow technical grounds.

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