McDonald: reversed and remanded
So says SCOTUS Blog. Chicago loses.
5-4
Due process
Majority divided on standard.
Thomas for P&I
Chicago, welcome to America.
Remember, I do this to entertain me, not you.
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June 28th, 2010 at 10:06 am
w00000t!!!!
June 28th, 2010 at 10:07 am
Looks like their site is getting slammed. I couldn’t get into it.
June 28th, 2010 at 10:32 am
Kasper – Site is down, but their twitter feed works.
June 28th, 2010 at 10:38 am
Meanwhile in back in Chicago, only 3 killed in 26 shootings over the weekend.
Without a hint of irony, Mayor Daley was quoted in May:
One assumes he means passionate about threatening reporters with anal gun violence but how can one not be complacent about the double digit shootings every weekend in a town where guns are illegal.
June 28th, 2010 at 11:05 am
Nice to see that common sense rules the day. After the way its worded, the way it was discussed publicy by the founding fathers and the way it has been held by the Federal courts, you’re going to be hard pressed to find anyone who thinks the 2nd is going anywhere in this country. That being said, I agree with Wayne LaPierre that until we get rid of all the restrictions fees and red tape that Chicago and DC and California place on purchasing a gun, the problem is still there.
June 28th, 2010 at 12:11 pm
I hate to rain on everyone’s parade, but as with Heller, I have to ask if this is really worth celebrating? Once again we get an unbelievably watered down ruling that doesn’t prohibit anything short of a blanket ban and yet still only passed by single vote.
June 28th, 2010 at 12:14 pm
and, once again, heller was the beginning not the end. This is phase 2.
June 28th, 2010 at 12:34 pm
Looking at the ruling, we can’t even say Chicago lost, as the SCOTUS didn’t actually overturn Chicago’s ban. It merely sent it back saying that the appeals court can consider the second ammendment when reviewing the law.
June 28th, 2010 at 12:35 pm
A phase that is just one justice away from hitting a brick wall.
June 28th, 2010 at 12:36 pm
i think that’s pretty standard. the supreme court doesn’t usually do details. it will play out like DC. Chicago says ‘here’s our plan’ and the court says ‘yay or nay’ and then more lawsuits.
June 28th, 2010 at 1:10 pm
As a wise man once said, “A journey of a thousand miles begins with a single step”. Step 1, Heller. Step 2,McDonald. Step 3, To Be Announced Later. But hey, at least we are moving forward. But I think this will a slow journey until we clean out the Holder Justice Dept. and return this country to sanity. But what was it Chuchill said about the “end of the beginning?”
June 28th, 2010 at 4:00 pm
Stormy,
Teh gunbanners didn’t START OFF with 922(r), near-total gun bans, and teh like.
They built the wall stone, by stone.
We probably have to dismantle it stone by stone. trying to knock it all down at once is likely to fail — thus setting that failure as a precedent.
Consistantly elect Senators who will not confirm a statist gun banning judges (ESEPCIALLY SCOTUS!), and elect a president who will not nominate such, and you will (by process of attrition) eventually get a judiciary that properly defends the 2nd Amendment.
Fight hard for your “ideal” candidates in primaries, but when it comes to a contested general election, DO NOT miss the chance to try and tip the scale in the driection of the least prgressive, least statist PARTY. The American electoral system (not just the Electoral College) is FUNDAMENTALLY geared towards achieving clear majorities and rewarding such — if the vote breakdown is a 35%/33%/32% between three parties, the voters for the 32% candidate might as well have stayed home.
Throw votes in the general election at minor parties that have ZERO realistic chance of achieving a clear majority, and you merely ensure that statist progressives will continue to get lifetime appointments to the federal bench.
June 28th, 2010 at 4:03 pm
Don’t forget that the Gonzalez justic department was on the wrong side during Heller. The idea that simply voting for R’s will save us is rather foolish.
June 28th, 2010 at 4:06 pm
It wasn’t all milk and honey after SCOTUS recognized the right of Blacks to vote either. Decades of literacy tests and poll taxes followed. But eventually, those were struck down too.
If you thought this was going to be over in one day, you haven’t paid attention to your history.
There are two next steps, IMHO. 1) possession & usage outside the home (Heller & McDonald dealt with “home use”). 2) Taxation & regulation of an enumerated right (ala voting/speech)
June 28th, 2010 at 4:15 pm
But I think this will a slow journey until we clean out the Holder Justice Dept. and return this country to sanity. – Bubblehead Les
Don’t forget that the Gonzalez justic department was on the wrong side during Heller. – Stormy Dragon
I do rather expect that the gov’ts justice department would always be on the gov’ts side. That is, after all, their job.
So it’s not the justice department that matters in regards to elections. It’s the judges.
June 28th, 2010 at 7:48 pm
What will metulj do now?