BREAKING BLOG NEWS
The US Supreme Court has granted certiorari in DC v. Heller (click on case for link to SCOTUS Blog) in which the court will for the first time in 68 years address the meaning of the Second Amendment's right to bear arms clause.
The NY Times article is HERE
It is interesting to note that the Court rejected the issue as framed by both of the parties in the underlying case. When a case is appealed to the Supreme Court, the way the issue is phrased can be just as important as the argument on the merits.
In Heller the court decided to frame the issue itself:
“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”
Rumpole says: This court is rapidly becoming out of step with the American public. The main reason is that the Justice who played the largest role in keeping the court balanced was O'Connor. O'Connor provided the crucial fifth vote for either coalition for the last twenty years, and without her steadying influence on not moving too quickly, and searching for a reasonable middle ground, the court as it now stands is deeply fractured.
Rumpole predicts: Scalia, Thomas, Roberts, and Alito push Kennedy very hard for that fifth vote striking down the law. Scalia is just itching to write an "originalist" opinion interpreting an amendment that has a scarcity of case law and opinions. Whether Kennedy gives him that opportunity, and whether Roberts assigns him the opinion is another matter altogether.
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