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Bang Bang!

AG/DC Jun 26 2008 10:40 AM

Supreme Court strikes down DC handgun ban.

Gwreck Jun 26 2008 11:24 AM

The big surprise to me is that it wasn't Kennedy writing the decision.

Vic Sage Jun 26 2008 12:01 PM

i love it when strict contstructionists and conservative "state's rights" advocates get together and legislate from the bench a new restriction in states' rights. So lets be clear; when conservatives talk about stopping the judiciary from "legislating from the bench", they only mean stopping them from doing so in advancement of liberal issues. Personally, i have no problem with legislating from the bench. I just wish they'd be honest and acknowledge that they don't either, and stop using it as a false issue to rally the right.

AG/DC Jun 26 2008 12:06 PM

Well, the main problem is that, to the extent that state's rights exist or are recognized, we here in the capital don't have any. Though I'm certain that some (the NRA for example) will use this ruling to challenge bans in states that do have self-rule. Breyer seems right.

Nymr83 Jun 26 2008 12:41 PM

] love it when strict contstructionists and conservative "state's rights" advocates get together and legislate from the bench a new restriction in states' rights. they've done nothing of the sort. this opinion only deals with the federal government (district of columbia.) the court did not (and could not) today incorporate the 2nd amendment against the states. while i'm 99% sure that thats what would happen in the next case before these same judges, it didnt happen here. as far as that goes, i don't believe the 14th amendment was ever intended to incorporate the entire bill of rights against the states, but to the extent that it has been used for that purpose over the last 80 or so years it would be inconsistent not to apply that to the 2nd amendment as well. i think the only significant rights that have yet to be "incorporated" are the right to a jury trial in civil cases over $5, the right to a jury of 12 and a unanimous jury (neither of which is explicitly in the constitution anyway but both of which are implied pretty strongly and have been held against the federal government), and hte right not to have troops quartered in your home in peacetime (which has never had reason to be litigated.)