* Disclaimer: Im cribbing this from what Im posting on Old Blue IF you all want, the SCOTUS is discussing the Heller case (2nd amendment related) and the oral arguments will be broadcast on CSPAN. Might be interesting to listen to and find out how the court operates in real time. Here is what I have seen so far: Well so far it looks like Chief Justice Roberts and Justices Kennedy and Scalia are in favor of interpreting it as an individual right. IIRC Justice Kennedy is the swing vote. So if he keeps up with his line of thought, it looks like the SCOTUS is going to rule for the individual right, not the collective right. But what do I know. Scalia is taking the position that the individual has a right to protect him self and Roberts just nailed Dellinger (the attorney representing Washington DC) for admitting that an individual has a right to protect themselves and that the 2nd amendment supports that. Hell, I may be wrong, but I think I just heard Justice Ginsburg agree with her peers. Someone hold me. The end may be near. Dellinger is getting spun around like a lousy troll. His argument doesnt seem to be getting any tractions with the court. Hell even Justices Souter and Stevens seem to be at worst lightly slapping his hands.
Something interesting I found from the Wikipedia Article: http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller#Political_reaction
It sounds like Solicitor General Paul Clement is trying to argue that there is a right to keep and bear arms, and that the federal government can place reasonable restrictions on that right. Sounds like he is trying to split the baby.
Which is a sensible thing to argue considering that it's almost certain to be close to the position that swing-man Kennedy comes out with. Any attempt to have actual influence over the Court's decision has to be an appeal to Kennedy, so making an argument that Kennedy might actually adopt is the best way to nudge the Court in one direction or the other. The best either party can hope for out of this case is to persuade Kennedy to go to the outer bounds of the range of opinions he'd be willing to support.
Looks like Alan Gura (arguing for Heller) is getting the soft shoe from the justices. They appear to be quibbling over minuta.
I've never heard this turn of phrase before. I can guess as to it's meaning, but I prefer to go to the horses mouth. What's it mean?
Quibbling over minutia is a Justice's lifeblood. That's when you know they're being serious. When they fight over bigger questions that means they've given up on convincing each other and they're grandstanding just for the heck of it, because Justices pretty much never convince each other on bigger issues.
And the USA reserves the right to squash Montana like a bug if they try it. We will put them all on reservations. After sending blankets with Ebola of course. In fifty years they can build casinos.
So this is not on cspan now? Sad. If the 2nd Amendment was violated, I would join with all our brothers in Montana!
I've had this on my calendar for months, but I got tied up and couldn't watch or listen to it. Does anyone know where I can watch the video, listen to the audio, or read the transcript, preferably in that order?
It looks like the court has ruled that citizens do have a right to keep and bear arms and that DC's ban goes too far.
No ruling was made today. The media, however, is pouncing upon comments made by the various Justices during the oral arguments.
Damned AP...they just updated their news report. The court did indeed not rule today as they previously stated. You folks are correct. The information I was looking at was not correct.
My guess is that even when there's a ruling there won't be a ruling. My expectation is that the Court will find an individual right--perhaps a broad-based right, perhaps a right to possess in one's home for the purpose of self-defense that again punts on broader rquestions--and that such right will be subject to the kind of time, place (if a broad based right is found), and manner restrictions to which other rights are subject. The Supreme Court will then send the case back down to the District Court for fact-finding that never took place because the District Court found no individual right and wouldn't have known what standard to apply to determine whether a regulation is a valid restriction on that right even if it had found such a right. In short, I predict a decision that makes no one happy.