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Heller is the new Parker

The US Supreme Court has started hearing arguments for the 2007-2008 session. It’s too early to tell what the tone of this year’s session is going to be as no decisions have been rendered, but there are a few big cases on the docket, including the death penalty. If a majority finds that lethal injection is found to be cruel and unusual, I fear that the right of the people to keep and bear arms won’t survive this session either.

In addition to saving “@” and “/” from total oblivion, the internet has given us the ability to share information so much faster than we could before. If you are interested in the latest legal details of the D.C. gun ban case, formerly known as Parker vs. D.C. and now known as D.C. vs. Heller, I’d recommend the site DCguncase.com. The lawyers arguing the case for the original Parker plaintiffs and now the Heller defendants basically lay out their strategy and all associated legal documents in the case.

The Supreme Court hasn’t granted cert in Heller yet but it may come as early as a month from now. Just like figuring out who to support for the Republican nomination, I’m still undecided as to if I want the court to take the case or not. Despite the black-and-white fact that the Constitution guarantees the pre-existing right to keep and bear arms, that the “collective right” argument has no basis in history, and that the body of legal thought seems to be turning in favor of the individual right aspect to the Second Amendment, as conveyed in today’s USA Today opinion, I’m concerned it might be too little, too late. The conventional wisdom says the court will split 4-4 along ideological lines. If Justice Kennedy wants to look toward foreign law, as he often does, as his inspiration for what the Second Amendment means, we’re screwed. But, until cert is granted, it’s too early to be worried.


Posted: October 4, 2007 at 8:53 pm
Under: 2nd Amendment | Comments Off


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