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Tuesday, November 20, 2007
 
Supreme Court takes Heller

The Supreme Court has granted certiorari in District of Columbia v. Heller, which basically revolves around the question of whether the Second Amendment to the US Constitution guarantees an individual right to bear arms.

There's a lot of concern on both sides of the issue about what the final outcome will be. While I'm a bit uneasy about it, I still feel, in the final analysis, that the Supremes will uphold the Circuit Court panel's holdings.

I have to point out that The Brady Campaign isn't very forthcoming in their press release:

The decision by the DC Circuit Court of Appeals in the Parker case was an example of judicial activism at its worst. It ignored longstanding Supreme Court precedent, discounted the express language of the Second Amendment, and substituted its policy preferences for those of the District's elected representatives. We are hopeful that the Supreme Court will reverse this flawed ruling

Paul Helmke, President of The Brady Center, was more straightforward in his quote in the Bloomberg article:

"We are nervous," said Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, a Washington-based group that chose not to join the city in asking the court to hear the case.

I think Mr. Helmke's nervousness is quite justified.

Oh, and I should point out that the article makes the parallel point that the NRA also hasn't taken an official position on whether the Supreme Court should agree to hear the case. I've got the feeling I've read a statement somewhere by someone from the NRA, Chris Cox or Wayne LaPierre, about the case, but I can't find a citation right now.

Anyway, I'm glad they'll hear the case. Personally, I'm optimistic that their ultimate ruling will be a net positive, but they will undoubtedly trim its applicability to be as narrow as possible.

Update: I should have known to check SCOTUSBlog before I posted. Lyle Denniston reports that the Court took no action on the Parker, et al., v. District of Columbia cross-petition, wherein the original litigants ask to rejoin the case. There are several possible outcomes of this inaction which you can read about at the link.

Update 2: Mr Linky himself points to background material for anyone who may be looking for that type of information. Via Joe Huffman, we see that the NRA intends to file amicus briefs in the case. I presume The Brady Bunch will, as well.

Update 3: Dave Kopel and Eugene Volokh are always good sources of information when it comes to 2nd Amendment law, so check out Dave's links to background info and Eugene's sources on the 2nd Amendment. Lots of good information there.

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In loving memory
Dr Edward N Garrett
1925 - 2004
 

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