A Pivotal Moment
This is a discussion on A Pivotal Moment within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Is any body else holding your breath due to the possible historic date of today.
I mean today could the begining of something very positive ...
November 13th, 2007 12:44 PM
A Pivotal Moment
Is any body else holding your breath due to the possible historic date of today.
I mean today could the begining of something very positive or the begining of something very evil, and be actually part of some of our worst fears.
I'm talking about SCOTUS and guns.
“Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll
Its not about guns...Its about Freedom!
November 13th, 2007 12:48 PM
I'm in quiet "hurry up and wait" mode as far as that goes. We shall see.......
"Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008
(Sometimes) "a fight avioded is a fight won." ... claude clay
November 13th, 2007 12:51 PM
As it sits today...
The Supreme Court will consider two petitions growing out of the Second Amendment dispute over a District of Columbia ban on private possession of handguns at its Conference on Nov. 9, according to the Court’s electronic docket on Wednesday.
The two cases are the city’s appeal — District of Columbia v. Heller (07-290) — challenging a D.C. Circuit Court ruling last March striking down the handgun ban under the Second Amendment, and a cross-petition by five city residents — Parker v. District of Columbia (07-335) — seeking to join in the case to add their own legal complaints about the city gun control law.
Because the two sides have framed the Second Amendment question in different ways in their papers in 07-290, it is conceivable that, should the Court grant review, it might choose to rephrase the issue itself.
The earliest that an order on the fate of the two cases would emerge is probably Tuesday, Nov. 13. The case, if granted, would probably be heard in February or March.
A man in the hands of his enemies is flesh, and shudderingly vulnerable. - author unknown
November 13th, 2007 01:53 PM
November 13th, 2007 01:57 PM
Don't worry - All indications are that the court WILL hear this case; and based on the opinions of constitutional scholars, chances are very good that we will get a favorable ruling that will change everything. the reasons I say this are:
1) The last case was Miller v United States regarding the RKBA. The resulting decision was due to the fact that Miller did not show up for his hearing - kind of hard to argue your side of the case when only one side is heard.
2) I assure you that the plaintiff in the case will show up this time. While Miller was an individual of questionable repute, the plaintiffs in this case were carefully selected based on the fact that they were ordinary, law-abiding citizens. No skeletons in the closet.
3) Many constitutional scholars are seeing the steady decline in the individual liberties we enjoy in this country. Men like Sanford Levinson will be asked or compelled to file briefs for the SCOTUS to provide legal substantiation for arguments for or against rendering a decision, and their historical basis for doing so. Currently, many of these scholars are leaning more in a constructionist direction; that is, they agree with the assertion that the second amendment is an individual right, not a collective one, which is the most basic premise of the Bill of Rights, the enumeration and protection of individual freedoms.
With the above being said, and historical reference to back it up, not to mention a court that is leaning in a conservative direction, I think our chances are pretty good.
So be positive.
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry
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