June 28, 2010

Supreme Court Finds 2nd Amendment Applies To The States
— DrewM

flaming_skull2a.gif


Just breaking and it will take some time to unpack but here's Gabe's post on the issue when the Court announced it would take the case.

Via SCOTUSBLOG. 14th Amendment incorporates 2nd Amendment as part of Due Process clause.

Here's the PDF of the decision, all 214 pages of it.

It's a 5-4 decision by Justice Alitio reverses the decision by the court of appeals to uphold the law and now sends the case back to the 7th Circuit Court of Appeals for decision based on this new standard.

Looks like it's going to be a case with multiple opinions, even among the majority. First thought...lots more lawsuits to sort this out on a practical level. Wonderful.

Posted by: DrewM at 06:06 AM | Comments (139)
Post contains 135 words, total size 1 kb.

1 Holy cow!

Posted by: eman at June 28, 2010 06:07 AM (kFytp)

2 HELL YES!  Suck it Sarah and Daley!

Posted by: RarestRX at June 28, 2010 06:07 AM (rmNST)

3 Foist



Posted by: Guy who wishes he .ivedin NJ now that they have a new gov. at June 28, 2010 06:07 AM (x4S2a)

4 I suppose this is a big fucking deal?

Posted by: Kratos (Ghost of Sparta) at June 28, 2010 06:08 AM (9hSKh)

5 ahh   crrrep

Posted by: Guy who wishes he .ivedin NJ now that they have a new gov. at June 28, 2010 06:08 AM (x4S2a)

6 Warning: Do Not Go Near a Liberal Until the All-Clear Signal is Released. Exploding Heads Can Be Dangerous.

Posted by: eman at June 28, 2010 06:09 AM (kFytp)

7 The NYT predicted a bloodbath from Heller. Not so much. Maybe the residents of large cities can finally protect themselves and in doing so reduce crime.

Posted by: eman at June 28, 2010 06:14 AM (kFytp)

8 Well, good, although it continues to mystify me how the words "shall not be infringed" cannot be simply understood, including to the oh-so-learned supreme court judges and state legislatures.

Posted by: Guy Fawkes at June 28, 2010 06:15 AM (T0bhq)

9

Now we have to get the unconstitutional "assault weapons" ban removed in Commiefornia.

That will, of course, take yet another lawsuit that will drag on for decades.

The pricks are traitors that hate Americans.

Posted by: torabora at June 28, 2010 06:16 AM (CPacY)

10 But...what about...THE CHIILLLLLDREEEEEEEEENNNNNNNN???????????????

Posted by: libtard idjit at June 28, 2010 06:17 AM (Gk/wA)

11 Once again Thomas writes the best opinion. He leaves no wiggle room at all.

The 7th could still screw this up though. Note that the liberals all came down against the 2nd. They are so damn predictable. 

Posted by: Vic at June 28, 2010 06:19 AM (6taRI)

12 Suck it Bloomberg!  What are you going to do now that your yankee serfs can arm themselves?  The wailing and gnashing of teeth can be heard as far south as Atlanta.

Posted by: Warthog at June 28, 2010 06:19 AM (WDySP)

13 Happy 4th of July, ya'll.

Posted by: HH at June 28, 2010 06:19 AM (6oDXl)

14 Well, we'll just have to redefine the phrase "bear arms." clearly that doesn't refer to guns but limbs. Problem solved.

Posted by: A smug moonbat at June 28, 2010 06:19 AM (AZGON)

15 Poor Mayor Meathead Daley the only thing keeping all that gun violence out of Chicago was the gun ban. Just because about 90 people were shot in over the last 2 weekends has nothing to do with how ineffective it was. It was due to.....ummmm....it's all Bush's fault.

Posted by: TheQuietMan at June 28, 2010 06:19 AM (1Jaio)

16 Oh hells yes! Best news I've heard in the last couple of hours.

Posted by: Andy at June 28, 2010 06:20 AM (5Rurq)

17 How can you not be concerned for...THE CHIIIILLLLLLLLLLDDDDDDDDDRRRRRRREEEEEEEEENNNNNNNN??????????????

Posted by: libtard idjit at June 28, 2010 06:20 AM (Gk/wA)

18 OK, excuse me for being dense here, but as a gun-owning conservative voter... am I supposed to be sad or glad? Just askin'!

Posted by: GuyfromNH at June 28, 2010 06:21 AM (kbOju)

19 The Supreme Court acted stupidly. My new guy uh gal uh you know who I mean ... will help get their minds right next time.

Posted by: B+rry Ob+owmao at June 28, 2010 06:21 AM (CPacY)

20 The Donks winning it all has them pushing things that go to a SCotUS not their liking....Ogabe will not be pleased.

Posted by: sven10077 at June 28, 2010 06:22 AM (kq1lG)

21 You must think of THE CHIILLLLLLDDDDDDDRRRRRRRRREEEEEEENNNNN

Posted by: libtard idjit at June 28, 2010 06:23 AM (Gk/wA)

22 How can you not be concerned for...THE CHIIIILLLLLLLLLLDDDDDDDDDRRRRRRREEEEEEEEENNNNNNNN?????????????? The answer: http://tinyurl.com/2ets8wr

Posted by: Jean at June 28, 2010 06:23 AM (Ml1qP)

23

Now we have to get the unconstitutional "assault weapons" ban removed in Commiefornia.

That will, of course, take yet another lawsuit that will drag on for decades.

The pricks are traitors that hate Americans.

Posted by: torabora at June 28, 2010 10:16 AM (CPacY)

Well here in Connecticut, they were already gearing up to get our assault wepons ban repealed.  They were waiting to see how this ruling would work out.  It looks like they should be ready to go based on my quick read.

Posted by: Johnnyreb at June 28, 2010 06:23 AM (JSetw)

24 it's as if the supreme court is a bunch of bitter clingers......

Posted by: phoenixgirl at June 28, 2010 06:24 AM (ucxC/)

25 lots more lawsuits to sort this out on a practical level. Wonderful.

So this is going to assist with the tax code as part of the Lawyers Full Employment Act?  Score!

Posted by: alexthechick at June 28, 2010 06:25 AM (8WZWv)

26 But the proles, if only they could somehow become conscious of their own strength, would have no need to conspire. They needed only to rise up and shake themselves like a horse shaking off flies.

Winston Smith.

Posted by: Beto at June 28, 2010 06:25 AM (j5CHE)

27

Among the few things Bush got right was his SCOTUS picks. 5-4 is cutting it close. That is how close we are to losing our country. 4 of the justices are out and out traitors.

Posted by: torabora at June 28, 2010 06:25 AM (CPacY)

28 Obama will be calling a special session of Congress for the express purpose of trying to shame the Supremes. 

Posted by: Big Fat Meanie at June 28, 2010 06:25 AM (3iMgs)

Posted by: Judge Smails at June 28, 2010 06:25 AM (24Efb)

30 I have not the empathee for dees decísión.

Posted by: Sonia Sotomayor at June 28, 2010 06:26 AM (6QgoV)

31 Man, I am so gonna call these guys out at the next SOTU.

Posted by: B. Hussein Obama at June 28, 2010 06:27 AM (AZGON)

32 So the SC has affirmed that I do indeed have the right to keep and arm bears!

Good.

Posted by: Nighthawk the Dyslexic at June 28, 2010 06:27 AM (OtQXp)

33 Posted by: GuyfromNH at June 28, 2010 10:21 AM (kbOju) Inasmuch as the decision actually followed the Constitution, be happy. Inasmuch as that's apparently too much to ask of four of the Justices, well...

Posted by: DarkLordOfTheIntarWebs at June 28, 2010 06:27 AM (ps0+9)

34 Begone, mute sock!

Someone needs to stick a mic in Daleys' face right freakin' NOW!!!!

I wonder if he will be making any 'shoving guns up your butt' comments now??

Posted by: TXMarko at June 28, 2010 06:27 AM (24Efb)

35 This clears the way for states and municipalities to start cutting back on police services.  With an aging, busybody population (at least in my cul-de-sac) and higher unemployment, the citizenry is more than capable of protecting its neighborhood boundaries. 

Posted by: Big Fat Meanie at June 28, 2010 06:28 AM (3iMgs)

36 Reading through Steven's dissent is torture. He quotes every liberal ruling in history all the way down to Grisswald trying to justify why the 14th doesn't incorporate the 2nd.

Hey Stevens you asshole, it called "stretching". You would have done better to return to the "foreign law" standard.

Scalia even takes note of the failure to mention foreign law.  

Posted by: Vic at June 28, 2010 06:28 AM (6taRI)

37

After my Executive Order granting Amnesty to ALL illegal aliens I'm going to pen one that repeals the 14th Ammendment...

now watch this drive!

Posted by: Barack Obama at June 28, 2010 06:29 AM (6QgoV)

38 So after 220 some years the 2nd amendment now means what it says?

Bout time, don't ya think.

Posted by: Kemp at June 28, 2010 06:29 AM (vSiVD)

39 It's shaping up to be a damn fine news day!  Byrd dead, and now this.  Some days the Lord smiles on us poor suffering morons.  This seems to be one.  Let's hope He's on a roll... 

Posted by: Reactionary at June 28, 2010 06:29 AM (xUM1Q)

40 30

...4 of the justices are out and out traitors.


First to swing?


Posted by: Barbarian at June 28, 2010 06:30 AM (EL+OC)

41 Best news I've heard in the last couple of hours.

LOL

Posted by: The Mega Independent at June 28, 2010 06:30 AM (+7UiC)

42 Breyer is reading his dissent.

Posted by: Vic at June 28, 2010 06:30 AM (6taRI)

43 The murder rate's gonna...gonna skyrocket.  Well, it's already skyrocketing....it's gonna...gonna break da sound barrier. 

Posted by: Da Boy Mare of Chicawwgo at June 28, 2010 06:31 AM (3iMgs)

44 Quick Jeeves, put Pater's old armoire in front of the rotunda door - the Hoi Polloi are going to revolt!

Posted by: The Liberal Elite at June 28, 2010 06:31 AM (FkKjr)

45 #20- I'm wondering that myself. When you're from new jersey the second amendment is something other people get to enjoy.

Posted by: Berserker at June 28, 2010 06:31 AM (gWHrG)

46 Scalia's concurrence is a thing of beauty. Sample:

JUSTICE STEVENS next suggests that the Second Amendment right is not fundamental because it is “different in kind” from other rights we have recognized. Post, at 37. In one respect, of course, the right to keep and bear arms is different from some other rights we have held the Clause protects and he would recognize: It is deeply grounded in our nation’s history and tradition. But JUSTICE STEVENS has a different distinction in mind: Even though he does “not doubt for a moment that many Americans . . . see [firearms] as critical to their way of life as well as to their security,” he pronounces that owning a handgun is not “critical to leading a life of autonomy,dignity, or political equality.”6 Post, at 37–38. Who says?

Deciding what is essential to an enlightened, liberty-filled life is an inherently political, moral judgment—the antithesis of an objective approach that reaches conclusions by applying neutral rules to verifiable evidence.7

Posted by: Slublog at June 28, 2010 06:32 AM (qjKko)

47 40 This clears the way for states and municipalities to start cutting back on police services.

Amen.

Posted by: Barbarian at June 28, 2010 06:32 AM (EL+OC)

48 Reading through Steven's dissent is torture. He quotes every liberal ruling in history all the way down to Grisswald trying to justify why the 14th doesn't incorporate the 2nd. 

Posted by: Vic at June 28, 2010 10:28 AM (6taRI)

Did he mention anything about "emmanations and pnenumbras" in his little diatribe?  Those pesky things justify whatever the Left wants, regardless of any other text.  I'm surprised they don't haul those out every time.

Posted by: Reactionary at June 28, 2010 06:33 AM (xUM1Q)

49 This may delay it, but will not change the fact that all of us gun owners are well on our way to becoming outlaws, via the UN. The UN doesn't care about our 2nd amendment.

Posted by: rawmuse at June 28, 2010 06:33 AM (M4OQL)

50 #53

Exactly! When can I get my carry permit?

Posted by: NJConservative at June 28, 2010 06:33 AM (LH6ir)

51 You must think of THE CHIILLLLLLDDDDDDDRRRRRRRRREEEEEEENNNNN

Only when I'm masturbating.

Posted by: Roman Polanski at June 28, 2010 06:33 AM (/bVuS)

52 Man, I am so gonna call these guys out at the next SOTU.

Michelle's special guest in the gallery will be a sad, bereaved parent, victim of her toddler finding her un-secured illegally gun in her nightstand--proof that law-abiding citizens with proper training cannot be allowed to own guns.

Posted by: HeatherRadish at June 28, 2010 06:34 AM (mR7mk)

53 45 It's shaping up to be a damn fine news day!  Byrd dead, and now this.  Some days the Lord smiles on us poor suffering morons.  This seems to be one.  Let's hope He's on a roll... 

Posted by: Reactionary at June 28, 2010 10:29 AM (xUM1Q)

Jugears smacks himself in the head with a 9 iron?   the days still young................

Posted by: Racefan at June 28, 2010 06:34 AM (Pg9R/)

54

The fact that we had 4 of 9 in dissent is sobering.  I only wish Sotomayor would have written a dissent of her own.  That would be teh funneh!

So, Question One for tomorrow :

Ms. Kegel...er, um Kagan, What do you think of the the Decision announced yesterday re. Washington v. Chicago.  Wait, I'll answer that for you...

Posted by: garrett at June 28, 2010 06:34 AM (6QgoV)

55 It's a great day for freedom.

I wish the court had followed Thomas's concurrence and found the 2nd Amendment to bind state & local authorities by dint of the "privileges & immunities" clause of the 14th Amendment, rather than via due process.  That was never gonna happen, for obvious reasons (the conservative bloc is part of a long, Scalia-led tradition of dicking around w/substantive due process with a wink & a nod to stare decises), but oh well. 

AMERICA!

Posted by: Esoteric at June 28, 2010 06:34 AM (GhUHn)

56 Someone needs to stick a mic in Daleys' face right freakin' NOW!!!!

If that someone moves too fast, he'll be shot by Daley's bodyguards.  *srednop*

Posted by: HeatherRadish at June 28, 2010 06:35 AM (mR7mk)

57 #62

Never do that again.  Have you no decorum? There are some things that are beyond the pale!

Posted by: NJConservative at June 28, 2010 06:35 AM (LH6ir)

58 This may delay it, but will not change the fact that all of us gun owners are well on our way to becoming outlaws, via the UN. The UN doesn't care about our 2nd amendment.

Let the UN try to enforce their idiocy.

Posted by: Rob Crawford at June 28, 2010 06:36 AM (ZJ/un)

59 Roberts and Alito, glad they are there. Same with Thomas and Scalia. Sanity on the court. Kennedy replaced the Bork nomination, right? How much better would it be with Bork in there? Obama has put in Sotomayer, and is looking at Kagan. Now Ginsburg, too, maybe?

Keep this in mind when you decide to sit out a vote. McCain in there, maybe 3 more justices? I understand principles, but lets think of the long game, here.

Posted by: Jay in Ames at June 28, 2010 06:36 AM (UEEex)

60 Scalia is a pasty eye-tye meanie what smells like garlic.

Posted by: Justice "Bedwetter" Stevens at June 28, 2010 06:36 AM (AZGON)

61 Did he mention anything about "emmanations and pnenumbras" in his little diatribe?

LOL, Grisswald is where those emanations and penumbras came from.

Posted by: Vic at June 28, 2010 06:37 AM (6taRI)

62
If that someone moves too fast, he'll be shot by Daley's bodyguards.  *srednop*

They'll just *hug* the guy really tight.

Posted by: Rob Crawford at June 28, 2010 06:37 AM (ZJ/un)

63 I shall ban the Supreme Court for being Creationist Racists

Posted by: Charles Johnson at June 28, 2010 06:37 AM (5+ADM)

64 he pronounces that owning a handgun is not “critical to leading a life of autonomy,dignity, or political equality. God made men the same, Col. Colt made us equal.

Posted by: Jean at June 28, 2010 06:38 AM (T5t8M)

65 The only way this day could get any better would be if Michelle walked in on Barry, Slow-Joe, & Pelosi having a threesome.


Thanks....now I have to stick a pencil in my mind's eye.

Posted by: Tami at June 28, 2010 06:38 AM (VuLos)

66 More Scalia:

JUSTICE STEVENS abhors a system in which “majorities or powerful interest groups always get their way,” post, at 56, but replaces it with a system in which unelected and life tenured judges always get their way. That such usurpation is effected unabashedly, see post, at 53—with “the judge’s cards . . . laid on the table,” ibid.—makes it even worse. In a vibrant democracy, usurpation should have to be accomplished in the dark. It is JUSTICE STEVENS’ approach, not the Court’s, that puts democracy in peril.

Posted by: Slublog at June 28, 2010 06:38 AM (qjKko)

67 The wise latina has voted exactly like I thought she would. never varies from her stupid counterparts.

Posted by: Donna at June 28, 2010 06:38 AM (z3whe)

68

Posted by: Donna at June 28, 2010 10:38 AM (z3whe)

You no want tuck?

Posted by: Sotomayor at June 28, 2010 06:40 AM (6QgoV)

69

55 Scalia's concurrence is a thing of beauty.

His going-away present to the old fart Stevens . . . a good swift kick to the nuts & a reminder of the many times he crapped all over the Constitutution. 

Good job, Scalia!!!

Posted by: Marybeth at June 28, 2010 06:40 AM (hBRoa)

70 Anyone else kind of bothered by the headline "Supreme Court Extends Gun Rights to all 50 States"?

If I remember right, isn't it the US Constitution that extends gun rights?

The SCOTUS just confirmed this right?

Fucking journalist...

Posted by: Rickshaw Jack at June 28, 2010 06:41 AM (bPkzf)

71 Sublog, so Scalia basically says don't let the door hit you in the ass on the way out.

Posted by: Jean at June 28, 2010 06:42 AM (NnH1t)

72

77 The wise latina has voted exactly like I thought she would. never varies from her stupid counterparts.

Stupid follows stupid.  No surprises there. 

Posted by: Marybeth at June 28, 2010 06:42 AM (hBRoa)

73
This will make the impending economic meltdown much more interesting/exciting.

More guns,  less crime,  more dead bad guys.

Bring.

It.

On.

Posted by: Dang at June 28, 2010 06:42 AM (Chg7a)

74 I hope this gives Daley and Bloomberg terminal indigestion. Zero will scold the court and say it acted stupidly.

Posted by: maddogg at June 28, 2010 06:42 AM (OlN4e)

75 If John Bonham hadn't died, I'd be in the Rock and Roll Hall of Fame by now.

Posted by: John Paul Stevens at June 28, 2010 06:42 AM (6QgoV)

76

Oh,

and fuck the U.N.

Posted by: Velvet Ambition at June 28, 2010 06:43 AM (twLQ1)

77 You must think of THE CHIILLLLLLDDDDDDDRRRRRRRRREEEEEEENNNNN

Posted by: libtard idjit

 

I do. Constantly.

Posted by: Scott Ritter at June 28, 2010 06:44 AM (R2fpr)

78 We'll see just how effective this is, once someone, you know, sticks all 214 pages of this opinion up Mayor Daley's butt.

Posted by: Insomniac at June 28, 2010 06:44 AM (DrWcr)

79 I hope this gives Daley and Bloomberg terminal indigestion. Zero will scold the court and say it acted stupidly.

Posted by: maddogg

 

Can you imagine the beer summit with the Dear leader, Alito and Scalia? There's a pay for view event my friends.

Posted by: Scott Ritter at June 28, 2010 06:45 AM (R2fpr)

80
Anyone else kind of bothered by the headline "Supreme Court Extends Gun Rights to all 50 States"?

If I remember right, isn't it the US Constitution that extends gun rights?

The SCOTUS just confirmed this right?

The terrifying thing is that both Heller and McDonald were 5-4 rulings. 

We were ONE SC Judge vote away from having the courts "rule" out of existence one of the Bill of Rights.

Posted by: fixerupper at June 28, 2010 06:46 AM (J5Hcw)

81 If I remember right, isn't it the US Constitution that extends gun rights?

No.  That would be natural rights, or, if you prefer, God.
The Constitution does nothing but acknowledge the fact.

5-4.  The Nazgul are divided.

Posted by: Herr Morgenholz at June 28, 2010 06:46 AM (5aa4z)

82 Dread Pirate at 62 - You owe me a hogshead of brain bleach.

Posted by: Have Blue at June 28, 2010 06:47 AM (mV+es)

83 We were ONE SC Judge vote away from having the courts "rule" out of existence one of the Bill of Rights. swing like wind-chimes.

These are terribly dangerous cases to be ruling on.  They, in fact, scare the shit out of me.

Posted by: Herr Morgenholz at June 28, 2010 06:48 AM (5aa4z)

84

From the Chicago Cop blog Second City Cop:

It seems City Hall took delivery of 30 or 40 oxygen canisters early this AM. Daley is in full hyperventilation mode, blaming guns guns guns and attempting to ram through a whole bunch of delaying tactics or blatantly illegal ordinances that will accomplish nothing but wasting taxpayer dollars - which as we all know are few and far between nowadays.

Give it up Shanks - we can't protect everyone all the time and you are actively seeking to create more casualties as the city spirals into Detroit II. Give law abiding citizens a fair chance to defend themselves, their loved ones and their property.

Posted by: maddogg at June 28, 2010 06:48 AM (OlN4e)

85 Can you imagine the beer summit with the Dear leader, Alito and Scalia?

I imagine them declining, citing an urgent need to alphabetize their sock drawers on the night of the party.

Posted by: HeatherRadish at June 28, 2010 06:49 AM (mR7mk)

86 Clearly the answer is before us. My administration fully supports the 2nd Amendment, but our new excise tax of 1000% on firearms and ammo is only fair. Gun owners must help bear the cost to society of their bitter, clinging choices. Oh, I forgot to mention our new $1500 per gun "recovery fee." My administration will never try to prohibit guns. If you like your guns you can keep them.

Posted by: B. Hussein Obama at June 28, 2010 06:49 AM (AZGON)

87 More good news:

The board members are inferior officers, and the method of appointment under the Sarbanes-Oxley Act violates the Appointments Clause.  The result reverses in part, affirms in part, and remands.

LOL, so far 2 for real law and 1 for the liberals.

Posted by: Vic at June 28, 2010 06:51 AM (6taRI)

88 Can you imagine the beer summit with the Dear leader, Alito and Scalia?

I imagine them declining, citing an urgent need to alphabetize their sock drawers on the night of the party.

I'll bet that's where Alito wished he'd have been after the last SOTU.

Posted by: Jay in Ames at June 28, 2010 06:51 AM (UEEex)

89 This is almost as fantastic as reading that bacon double cheeseburgers are actually good for you, especially when accompanied by vodka shots. Can't wait to hear Obama's reaction....

Posted by: Ira at June 28, 2010 06:51 AM (bJm7W)

90 And thanks to the NRA, without whom the second amendment would have been done away with long ago.

Posted by: maddogg at June 28, 2010 06:52 AM (OlN4e)

91 This clears the way for states and municipalities to start cutting back on police services.  With an aging, busybody population (at least in my cul-de-sac) and higher unemployment, the citizenry is more than capable of protecting its neighborhood boundaries.

Time once again to bring up my idea of the Moron Horde each chipping in ten bucks so we can buy a square mile of Detroit and start really and truly LARPing.  Alextopia here we come!

Love and despair, baby, love and despair.

Posted by: alexthechick at June 28, 2010 06:53 AM (8WZWv)

92 #93  5-4.  The Nazgul are divided.

Pray for the continued health of Justices Thomas, Scalia, Alito, and Kennedy (when he wakes up on the right side of the bed).

These 5-4 rulings are scary.  Liberty hangs on the balance of 1 Supreme Court Justice?  It shouldn't be like that!

Posted by: Kratos (Ghost of Sparta) at June 28, 2010 06:54 AM (9hSKh)

93 Incorporation is crap and it's nowhere in the plain easing of the fourteenth. All that it says is that states have to be consistent with themselves, not with each other. The second applies to the states because it is in the passive voice.

Posted by: AmishDude at June 28, 2010 06:54 AM (Vo2Ef)

94 Apparently the wise Latina isn't so much in favor of the actual second amendment what with with all that empathy and such. Well, actually, that constitution thingy which is quite an impediment. For now at least.

Posted by: kansas at June 28, 2010 06:54 AM (mka2b)

95 Vic: Does that mean that the SC struck down part of Sarbanes-Oxley?

Posted by: joncelli at June 28, 2010 06:54 AM (RD7QR)

96 Vic: Does that mean that the SC struck down part of Sarbanes-Oxley?

Looks that way.

Posted by: Vic at June 28, 2010 06:56 AM (6taRI)

97 #104  Time once again to bring up my idea of the Moron Horde each chipping in ten bucks so we can buy a square mile of Detroit and start really and truly LARPing.  Alextopia here we come!

There's going to be several Moron redoubts.  Dunno which one I'm going to go to, (and furthermore be accepted in).

Oh well, maybe it's better if I use what power's left in the Blade of Olympus and create some new island in the Pacific.  Being a sole ruler over sand and rock would suit me fine.

Posted by: Kratos (Ghost of Sparta) at June 28, 2010 06:57 AM (9hSKh)

98 Easing=reading. Damn iPhone

Posted by: AmishDude at June 28, 2010 06:58 AM (Vo2Ef)

99

Best Monday in a long time:  Dick Cheney drawing strength from approaching hurricane, steering it toward Mexico. 

Posted by: Big Fat Meanie at June 28, 2010 06:58 AM (3iMgs)

100 Not a slam dunk reversal.  Dems don't give a crap about The Constitution or wasting your tax dollars on losing battles.  It's still a long fight. 

Posted by: Doom_n_gloom at June 28, 2010 06:58 AM (kUPJR)

101

Let the UN try to enforce their idiocy molon labe.

FIFY

Posted by: sherlock at June 28, 2010 06:59 AM (cq3pU)

102 Justices should be elected every six years in cycles like Senators are.  This 'lifetime appointment' crap is really grating.

I would make there be 50 justices, one appointed by each State and subject to recall by that State.

Posted by: Vic at June 28, 2010 06:59 AM (6taRI)

103

Love and despair, baby, love and despair.

Love and Happiness, baby.

Posted by: Al Green at June 28, 2010 06:59 AM (6QgoV)

104 I really seriously disagree that the 14th needs to apply to such clear language as "shall not be infringed".

Heller already allows it to be "infringed" by OK'ing banning of some weapons.  I personally didn't like the ruling in Heller.

Posted by: Vic at June 28, 2010 07:00 AM (6taRI)

105 Lifetime appointments are not the problem. The electorate is the problem. It puts Dems in power. Politicians choose Justices and confirm them, people choose politicians.

Posted by: eman at June 28, 2010 07:01 AM (kFytp)

106

Posted by: Kratos (Ghost of Sparta) at June 28, 2010 10:57 AM (9hSKh)

Problem with sand and rock, it's just that. Really don't think you would last too long. You really, really want an Island with water and food.

Just setting you off on the right path...

Posted by: HH at June 28, 2010 07:01 AM (6oDXl)

107 NRA Statement:  http://www.nraila.org/News/Read/NewsReleases.aspx?ID=13956

Posted by: Doom_n_gloom at June 28, 2010 07:07 AM (kUPJR)

108 What's awesome about this decision is that it's based on the 14th amendment.

You know - the same amendment they've used to apply all sorts of other suddenly discovered 'rights' in the Constitution and override the will of the people and the States.

How's that bitch-slapping taste, you scumbag liberals?

Posted by: blindside at June 28, 2010 07:09 AM (x7g7t)

109 And the award for "patently fuckin' obvious statement of the millennium" goes to...

Posted by: GamerFromJump at June 28, 2010 07:10 AM (8RV3W)

110 No matter how responsible they may seem, NEVER allow your firearm to be handled by a monkey or a liberal.

Posted by: Charlton Heston at June 28, 2010 07:10 AM (WKprX)

111 Lifetime appointments ARE the problem.  Some of the most liberal members of the Supreme Court were appointed by Republican presidents, not Dems.

That is because most of the past Republican presidents have been liberals. Also, because the Republicans on the judicial committee have also been liberals.

Posted by: Vic at June 28, 2010 07:10 AM (6taRI)

112

Just setting you off on the right path...

Posted by: HH at June 28, 2010 11:01 AM (6oDXl)

And we shall call it. Kratos, The Land Of Morons.

Posted by: God at June 28, 2010 07:12 AM (Pg9R/)

113 This is yet another compelling reason for the impeachment of Osama Obama.

In two (or, God help us, six) years, the Traitor-in-Chief will have plenty of opportunity to pack SCOTUS with America-hating incompetents like Sotomayor and Kagan, while "comity" in Congress -- translation: squishy Repubs who just want to get along and lefty fellow-traveler Dems -- enables him.

We have seen the Marxist in the White House torpedo the economy; screw up foreign policy; bankrupt us (and our grandchildren); nationalize banks, GM and other formerly independent businesses; screw up response to the BP fiasco; generally act like a self-important drug-addled party boy.

Anyone else would already have been made to answer for what he has done. Anyone else would have been investigated to within an inch of their lives, not be excused, lied for and generally lionized as some sort of New Messiah.

Time for Obama to go. Affirmative action, bad as it has been in education and business, has been a disaster as it reached the White House.

There is little difference between Obama and Alvin Greene, except that one became the darling of the lib lapdog media and the race-guilt crowd.

Posted by: MrScribbler at June 28, 2010 07:13 AM (Ulu3i)

114 Well, if Daley can't shit all over the 2nd Amendment anymore, he certainly looks like he'll be shitting on the 1st.

Posted by: IllTemperedCur at June 28, 2010 07:13 AM (Aqzx6)

115 The syllabus indicates that a majority of the majority used Due Process to apply the 2ndA to the States. Thomas, still voting with the majority, states that he believes that the states are bound by Privileges and Immunities.

Interesting.

Posted by: John P. Squibob at June 28, 2010 07:14 AM (/U/Mr)

116 Well, there don't seem to be any federal laws against open carry...

Posted by: Doom_n_gloom at June 28, 2010 07:14 AM (kUPJR)

117 Reagan was a liberal?

That is why I said "MOST". And Reagan was "Borked" and then the liberals on the committee got him to nominate Ginsberg then Kennedy.

Kennedy has been a disaster.


Posted by: Vic at June 28, 2010 07:29 AM (6taRI)

118 Man o man, Scalia just wipes the fucking floor with stevens. I just read his opinion, he totally bitch slaps him.

Posted by: Berserker at June 28, 2010 07:31 AM (gWHrG)

119 #137

And if a term or two had been up in 2008, when the enlightened electorate had a hissy fit? We would be looking at a solidly liberal SCOTUS and the destruction of our constitution.

Posted by: NJConservative at June 28, 2010 07:37 AM (LH6ir)

120 YES!!

The 2nd Amendment is found to be applicable to all US national territory, including the Chicago metropolitan area. Chicago corrupt pols, suburban Marxists, Obama administration hardest hit. Been reading in American Rifleman how gun-grabber/anti-gun Chicago's pols are. Daley even wants to go to the World Court for anti-gun precedents. (Yeah I know, it's a non-starter.)

A bit of satisfaction here too, since the Leftists jurisprudence of the past 50 years has been to use the 14th amendment to justify all sorts of rights, real or otherwise. Nice to see the current Court use it to underline a very definite right from the original Bill. 

Posted by: exdem13 at June 28, 2010 07:42 AM (beW+t)

121 Don't forget about Sandra Day OConnor.

I give him the benefit of the doubt on that one since he actually campaigned on that.

Posted by: Vic at June 28, 2010 07:44 AM (6taRI)

122 Scalia gave Souter a really fine "don't let the door hit you on the ass on the way out, moron" send-off.

Posted by: skwiself at June 28, 2010 07:49 AM (Bpl8G)

123

Which belies the argument why politicians should pick justices to lifetime appointments.  The people should elect them to terms.

Like the last 52% who elected Obama?  That's a little scary to contemplate

Plus I'm concerned about changing ANYTHING about the SCOTUS while Golfsalot,  Bite Me, Pelousy, and Dingy Harry are running things. 

At this point, we're treading water with our Constitutional rights. 

Until the electorate can come to its senses and vote out these dumbasses, the best thing to do is to pray for the continued health and safety of Roberts, Scalia, Thomas, Alito, and yes even Kennedy. 

 

Posted by: Marybeth at June 28, 2010 07:50 AM (hBRoa)

124 As a hat tip to the decision, PAB proudly juts out her howitzers this morn.

Posted by: Guy Fawkes at June 28, 2010 07:51 AM (T0bhq)

125 It looks like they should be ready to go based on my quick read.


Fired up ...  ready to go.

Posted by: mrp at June 28, 2010 07:53 AM (HjPtV)

126 The only way this day could get any better would be if Michelle walked in on Barry, Slow-Joe, & Pelosi having a threesome. ...and did what any jealous wife would. Pretty hard to get into volokh right now.

Posted by: Jeffrey Quick at June 28, 2010 07:53 AM (g9neE)

127 Now we all get to fight over what "infringed" means!

Posted by: Shillelagh at June 28, 2010 07:55 AM (Oz4Bj)

128 Having one Republican conservative appoint a liberal woman doesn't invalidate the rule.

As for Kennedy he started out OK and then went left.

Posted by: Vic at June 28, 2010 08:15 AM (6taRI)

129

Hmmm, this almost makes me want to visit Chi-town.

Posted by: unknown jane at June 28, 2010 08:20 AM (5/yRG)

130 Point of order here, my friends.

As everyone who watches cop shows on the television knows, the courts have held that extending a right to a citizen alone is insufficient if there is a financial bar to its exercise.  My right to a lawyer is moot if I can't afford one, and therefore the guv'mint is obligated to provide me a lawyer at no cost, if I cannot do so myself.  With me so far?

The guv'mint now recognizes my right to own a firearm.  I cannot afford a firearm.  Anyone reading this thinking what I'm thinking?

Memo to the BATFE: I have a warm place in my heart for the Sig Sauer P229 DAK, in the .40 flavor; if you don't have one handy, anything chambered for the .45 ACP will be fine.  You already have my shipping address.

Posted by: Keith Arnold at June 28, 2010 08:28 AM (Jdtsu)

131

Intresting note here...

Chicago has a "beat participation" program called "CAPS." In my area, Beat 2534 (25th District, 34th street patrol), my CAPS leader is a very nice young man by the name of Sgt. Tim Weiglein, who emailed our family this morning, urging us to meet him at the 25th District tomorrow morning in order to flood City Hall "in response to the Supreme Court's recent decision to overturn Chicago's gun laws."

Seeing as how my family is universally opposed to the restriction of handguns by law-abiding citizens, and knowing very well the dozens of CPD street cops who support out right to bear arms, we emailed the young Sgt and asked him for not only the Department's official position on this, but his own as well.

The nice young man declined to give us his own opinion on the matter, but strenusously emphasized that Mayor Shortshanks' and K-Fled's position was that nobody but gangbanging, sociopathic pieces of shit should be allowed access to self-defense.

Needless to say, I, my wife and my mom (who lives downstairs from us) are taking the day off tomorrow to drive down to Springfield Armory. Fuck these idiots.

Posted by: I'm Dolemite, bitch at June 28, 2010 08:36 AM (HPhdA)

132 We have to start getting over our concern about how the SCOTUS votes on anything. The fact that this decision was 5-4 means that they are already a highly corrupted body and are worthy of our contempt. The trend will not be going our way in the long run.

Posted by: rawmuse at June 28, 2010 08:51 AM (M4OQL)

133

The guv'mint now recognizes my right to own a firearm.  I cannot afford a firearm.  Anyone reading this thinking what I'm thinking?

I was hoping for free Marlboros when the FDA wanted to regulate nicotine in smokes.

...METHADONE FOR BITTER CLINGERS!!!!

Posted by: hutch1200 at June 28, 2010 09:03 AM (bsE8h)

134

My response to Sgt. Weiglein's email...

Sgt. Weiglein,

 

Thank you so much for your quick response to my email, but with all due respect and gratitude for your experience and your service as a dedicated Chicago Police Officer, my family will have to disagree with you.

 

We’ve owned our home in this neighborhood since 1969, and have had the fortune to meet and get to know dozens of “2534” officers over the years who would disagree with you, given that as recently as last Tuesday, a Spanish Cobra had the audacity to flash a piece to a passing car on Wabansia at Kildare.

 

Fr. Pfleger may enjoy his time in front of the camera, but for those of us who live in one of the busiest districts in the city, we know full well, from experience, that the CPD canÂ’t always be there when we need you to be.

 

The Olsen and Anderson families will continue to respect the law, as well as the men and women who are sworn to uphold it. However, please know that the residents of 1657 N. Kildare Avenue have every intention of living within our constitutional rights, regardless of how many hoops the City determines we should jump through.

 

Posted by: I'm Dolemite, bitch at June 28, 2010 09:05 AM (HPhdA)

Posted by: rdbrewer at June 28, 2010 09:06 AM (eoArl)

136

Ooopps...forgot to post the Sgt's email to us:

Eric,

 

It helps us when we have statues against guns. I'm sure you hear on the news and read in the papers about all the shootings across the City each day. Without those laws against guns, we will be less effective as an organization to arrest gang members and drug dealers owning these weapons in the City of Chicago.  I understand the U.S. Constitution and the Second Amendment. This right is useful in more rural areas, however, we live in a large city and the need for firearms are not as great. The more firearms that are available gives an even greater opportunity to get into the wrong hands and increase the amount of shootings that we already experience.

 

Posted by: I'm Dolemite, bitch at June 28, 2010 09:09 AM (HPhdA)

137

Not arguing about the langue. The clear language of the 2nd amendment, without the 14th applies only to the federal government. The 14th applies to teh state.

Posted by: Mallamutt at June 28, 2010 03:05 PM (OWjjx)

This is a common belief, largely because of the SC's frankly evil attempts to disincorporate the Bill of Rights in the 1800s, which resulted in the 14th, which was ignored for decades (in terms of the 2nd).

The Founders themselves stated repeatedly that it was their intent that the Bill of Rights be applied to the States, including Madison in the Federalist Papers and Jefferson and others in the congressional debates. It wasn't controversial.

If I didn't have crap to do, I'd do your homework for you, but it's there. Governors and courts just didn't _like_ it.

Unfortunately this has become the "standard model" in Law School Thinking. Then again, they teach that Heller was the first time the SC recognized the 2nd as an individual right. Dred Scott may have been a bad decision on the grounds of slavery, but it recognized the 2nd as an individual right.

IF everyone involved were honest, it would take a decade to extract the mythology from this "debate," sadly.

Posted by: Merovign, Strong On His Mountain at June 28, 2010 11:59 AM (bxiXv)

138 This decision highlights the importance of keeping Elena Kagan off the Supreme Court. Had she been on the Supreme Court, then the vote would have gone in the other direction.

As Senator Sessions has said, a "one vote switch would have made it possible for any city or any state in America to completely ban the ownership rights of guns," Elena Kagan is that one vote.

But, this is not the only vote that would be a disaster for the rights of Americans. As Senator Sessions has expressed in his great concern, "she's (Kagan) unwilling to enforce plain rights, the right to keep arms and the right to speech, and maybe have a tendency that so many of the other activist judges have to find rights that aren't in the Constitution that seem to fit their personal agendas."

Elena Kagan SHOULD BE filibustered.

Posted by: Jon at June 28, 2010 03:59 PM (QXcvC)

139 165 This decision highlights the importance of keeping Elena Kagan off the Supreme Court. Had she been on the Supreme Court, then the vote would have gone in the other direction.

I agree that Kagan should be kept as far away from the Supreme Court as possible, even to the extent of sending her to the antipode of DC.

But Kagan would Replace Stevens, the execrable dunce, who voted to dissent, as she would have.

She's worse than he is, but not on this case.

As a bit of trivia and an example of how the insane are allowed to run free, Glenn Greenwald (or one of his sockpuppets) said that Kagan would "shift the court to the right."

Of course, The Gleens believes he lives on a planet where gravity is seasonal and flowers hunt animals, so there's that.

Posted by: Merovign, Strong On His Mountain at June 28, 2010 06:52 PM (bxiXv)

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