Archive for the 'The Courts' Category

Supreme Court Seems Ready to Affirm DC Circuit in Gun Case

Tuesday, March 18th, 2008

Today the Supreme Court held extended arguments in D.C. v. Heller, the DC gun ban case, and it seems a majority of the justices are ready to hold that the Second Amendment secures an individual right to keep and bear arms.

The Chief Justice, as well as Justices Alito, Scalia and Kennedy all seemed to believe that the Second Amendment supports an individual right to bear arms.  Justice Thomas, while characteristically silent during argument, is likely also of this view.  Justices Breyer and Ginsburg, while skeptical, seemed open to the idea.

Open for debate is what the court will do in terms of defining a standard of review for these cases.  Justices Scalia, Alito and the Chief seem to be all about strict scrutiny, Justice Kennedy seemed to be convinced.  It is, however, possible that a compromise can be struck and that intermediate scrutiny would apply.

Coverage from SCOTUS blog here.  This coverage links to other news reports.

A Disgusting Dose of “Liberalism” - California Style

Friday, March 7th, 2008

Well, so much for the liberals being all about “free choice” and “personal autonomy”……again, this judge reinforces the notion that liberals are only open to “free thought” so long as it is not in opposition to their own personal views.

The funny part is, these people claim to be “liberals” - yet how does denying a young individual the freedom of choice whether to join the military or not fit into the “liberal” notion where they claim to be all about free choice?

Check out this disgrace to the judicial branch. She didn’t agree with the Iraq war and “didn’t want” this young man “over there.” Hmmm…….too bad that’s not her call. Oh, and too bad she thought it WAS her call.
http://www.foxnews.com/story/0,2933,336008,00.html

When will they get it?

The Candidates on Judges

Wednesday, February 6th, 2008

Since this is after all, a law blog, I am linking to a Federalist Society site talking about the candidates’ views on judges.

This site only includes the GOP candidates, as the Dems have not responded.

The DC gun ban case gets cert

Tuesday, November 20th, 2007

Called it.

Today the Supreme Court of the United States (SCOTUS) granted certiorari for District of Columbia v. Heller (07-290)(Formerly known as Parker v. District of Columbia).

SCOTUSblog reports that the Court phrased the question it will consider in the case as follows:

“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

The entire SCOTUSblog analysis can be found here.

There was no word from the Court on whether it would consider the cross-appeal on the case by the other plaintiffs who were denied standing by the Court of Appeals for the DC Circuit.  Any speculation as to what the Court might do with those is just that — speculation.

Here is a Federalist Society sponsored email debate on the case.

SCOTUS to consider Parker v. DC on Nov. 9 conference.

Friday, October 26th, 2007

SCOTUS Blog reports that the Supreme Court will consider the DC gun ban petitions on November 9 during the Justices’ conference.

Supreme Court Upholds Partial-Birth Abortion Ban

Wednesday, April 18th, 2007

By: Carlos S. Ramirez

NY Times reports that in a 5-4 decision authored by Justice Anthony Kennedy, the Supreme Court upheld the Partial Birth Abortion Ban Act.