|
|
|
|
June 26, 2008
Second Amendment victory
What a relief! The Supreme Court has ruled that the Second Amendment says what it says: WASHINGTON - The Supreme Court says Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.I haven't read it, so I don't know how true that last sentence is. Volokh's server seems overwhelmed, but so far, Orin Kerr has this to say: The opinion should be available shortly. In a case like this, the details of the opinion are critical; it will take a bit of time to read the decision to get a sense of what it means. SCOTUSblog is reporting that the vote was 5-4, with Scalia writing and the four liberal Justices dissenting.Glenn Reynolds is teaching a class, but remarks, Did the Supreme Court get things right? We'll know soon enough! Er, well, you'll probably know a bit before I do, today. . . .I hope they got it right, but throwing the DC law out was at least a step in the right direction. The Supreme Court blog has some selected quotes from the opinion, including this: "Logic demands that there be a link between the stated purpose and the command." MORE: Here's an interesting headline: Supreme Court Decision Hits Bull's Eye Against Obama Anti-Gun Agenda, says John Snyder of Telum Associates, LL.C. MORE: Real Clear Politics reports that John McCain is praising the decision: "Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans," McCain said in a statement.Barack Obama, meanwhile, is remaining silent: Obama's campaign has not yet released a statement on the opinion.I guess he can claim that he hasn't had time to read it for the next few months. UPDATE: The text of the opinion in PDF is here. MORE: Via Glenn Reynolds, Bob Owen notes a comment (apparently from liberal blogger named David Ehrenstein) to the effect that Justice Scalia should be shot. While I don't think Ehrenstein's remark typifies liberal thinking, I nonetheless find myself wondering whether people who react to disagreements by wanting to shoot people might be likely to project their lack of self control onto others, and thus be very fearful of allowing anyone to own a gun. MORE: I am delighted to see the blogosphere was a factor in the decision. Not only did the majority cite Eugene Volokh, Randy Barnett, and Erik Jaffe, but they also cited Clayton Cramer. At p. 15, they cite our paper! Yahoo!While I don't expect to read about it in most newspapers, the Supreme Court's relying on bloggers is big news in itself. MORE: Orin Kerr comments on the narrow scope of the ruling, and its limitations: My basic thought after reading Justice Scalia's majority opinion is that it is relatively narrow -- in the sense that it leaves a lot for another day. It recognizes the individual right (citing, by my count, 3 articles by Eugene and one by Randy, not that we academics count such things), but does not resolve the degrees of scrutiny, does not address incorporation, and indicates (without establishing) that traditional gun restriction laws are valid.The Volokh site is back, so keep going there for more. MORE: Barack Obama now says that it the Second Amendment is an individual right, and that it has been his position all along. Hmmm..... posted by Eric on 06.26.08 at 10:42 AM
Comments
I really want to see what the four dissenters have to say - that the 2A does not confirm and individual right, or that it does, subject to common sense restrictions. If the former, very bad news despite the majority opinion, since it puts us one heart attack away (to use the nearly hysterical claim by the abortion lobby) from losing that right. If the latter, not so bad but still worrisome, since classing an effective total ban as "common sense" is fatuous. So I am, at this point, more interested in seeing what the dissenting opinion is. Steve Skubinna · June 26, 2008 12:49 PM From the STEVENS dissent: The question presented by this case is not whether theSecond Amendment protects a “collective right” or an“individual right.” Surely it protects a right that can be enforced by individuals. But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right. And from the BREYER dissent: The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred. Both Stevens and Breyer think it's an individual right, but should be interpreted in the militia context. Eric Scheie · June 26, 2008 01:09 PM Hmmm. I guess the hysterical liberal did not notice that anyone shooting the justice would have to have possession of a firearm, thereby violating the very law he supports so fervently. Hey, pal, can you spell "hypocrite"? Bleepless · June 26, 2008 06:42 PM Post a comment
You may use basic HTML for formatting.
|
|
June 2008
WORLD-WIDE CALENDAR
Search the Site
E-mail
Classics To Go
Archives
June 2008
May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 May 2002 AB 1634 MBAPBSALLAMERICANGOP See more archives here Old (Blogspot) archives
Recent Entries
Heller And The Election
Second Amendment victory Race Card Politics Awesomely artful dodger Queen One, UN Zero Naturally Gay Untied and Inflated Getting there in spite of them THANK YOU FOR SMOKING, WHOEVER YOU ARE! Double secret hedonism
Links
Site Credits
|
|
I certainly hope Chicago is next!