The mind boggles

January 12, 2008
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The Bush Administration has filed a brief supporting DC’s side in Heller.

I really enjoy being sold out by people that are allegedly on the same side as I am.  Go to the link above at Sebastian’s place for the full story.

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0 Responses to The mind boggles

  1. Hypnagogue on January 12, 2008 at 22:32

    I don’t think this amicus is quite the betrayal you are making it out to be. Basically, the DOJ is proposing a slow-roll finding: 1) 2A is an individual right, but 2) it’s a right that should be subject to reasonable restrictions, and 3) you should remand to the court of first instance to apply that finding and establish a standard of review.

    The practical meaning of this is: “We sense that you are going to find for an individual right, but please don’t establish the standard of review at the SCOTUS level which could upset the applecart all at once. Instead, let every Circuit find their own standard of review, and eventually a consensus view will emerge that the SCOTUS can affirm, 70 or 80 years from now.”

    The practical upshot of this is that the state and federal firearms laws would not be immediately nullified, and instead would be slowly pared back by individual Circuits. I think the average gun-owner in this country wants the SCOTUS to establish the standard outright, and establish settled caselaw without remanding. But let’s be reasonable; how likely is that, exactly?

  2. Alan Gunn on January 13, 2008 at 08:42

    In the end, people who spend their lives in government are on the government’s side. The idea that the Republicans are the good guys is a delusion–at their best, they’re the slightly less bad guys.

  3. Hyunchback on January 13, 2008 at 20:30

    I wish I could say I expected better treatment, but I won’t lie.

    The acorn doesn’t land far from the oak.

    What I really wish the SCOTUS would do with Heller is to obey precedent and make this the “Roe V. Wade” ruling of the 2nd Amendment.

    Roe established a right not explicit in the Constitution. What we have here is a portion of the Constitution which IS spelled out and being lied or ignored.

    I want my Constitution to be obeyed all across my nation. If we have no Constitution then we have no nation.

    If we have a nation then I have a Constitution which recognizes my right to fight for that nation. If we have no nation then I really need my guns to establish one.