Handgun ban going before SCOTUS

Discussion in 'The Constitutional & RKBA Forum' started by bcj1755, Sep 30, 2009.

  1. bcj1755

    bcj1755 New Member

    Jul 20, 2008
    A wretched hive of scum and villiany

    Maybe we can get the unconstitutional Chicago ban thrown out, also. However, I read that Ginsburg is in the hospital. I hope this ban can be shot down before Barry gets the chance to appoint Sunstein to SCOTUS:mad:
    Last edited: Sep 30, 2009
  2. Southern Boy

    Southern Boy New Member

    Jun 8, 2009
    "These cases should "take the extremes off the table," Helmke said, referring to bans on guns and unlimited gun rights." NOT they are indeed skeerd. All the big cards bneed to be on the table, that way the justices can make sure they are etched in stone so to speak for future generations.

  3. belercous

    belercous Former Guest

    Aug 7, 2009
    Sotomayer would have to sit out on any case she decided as an appellate judege. The case you are reffering to was one in which sotomayer was following precedent, as a judge should do. This is not a law, just judicial protocol. If it comes before the Court, I'd say that she will sit out on it.
    Nolo bene: If she were to have decided it in our favor, she would have violated the judical rule of "stare decisis." As an appellate court judge, she HAD to vote that way (remember, this was before Heller v. D.C.), If she voted otherwise, she would be an "activist" judge, one re-interpreting the Constitution.
    This case is a coin-toss. Who knows how it will come out? Remember, the Heller decision was narrow, I can't see the Court throwing out, wholesale, gun laws enacted by the states. I could be wrong, and I hope I'm I am, but the smart money won't be on it. If the 2nd Amen. gets "incorporated" it will be deluxe joy to all of us, me especially as I live in Illinois (one of the more restrictive states).
  4. armedandsafe

    armedandsafe Guest

    Federalism is older than our God-given rights? Whoda thunk it?

  5. user

    user Active Member

    Oct 16, 2007
    Northern piedmont of Va. and Middle of Nowhere, We
    The real issue is whether the Second Amendment has been incorporated via the Fourteenth. It does not apply to states or state law unless and until the Supremes declare that it has been "selectively incorporated". The Ninth Circuit has already said it is, resulting in a split among the circuits. The Supremes have already said, over and over, that it does not apply.

    My guess is that they will overrule the Ninth Circuit. And this isn't really about a handgun ban, and the Supremes will not be in a position to state as a matter of law that any handgun ban is good or bad; only that the U.S. can't tell Chicago what to do about that.

    It's a matter of state constitutional law not federal, and that's what I expect the Court to declare.
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