Second Amendment Stuff
The whacky ninth circuit does something, well, whacky. Of course, one judge seems to be daring the SCOTUS to take the case:
One 9th U.S. Circuit Court of Appeals judge even seemed to invite U.S. Supreme Court review by noting another circuit has recognized an individual’s right to keep and bear arms while the 9th Circuit hasn’t.
“If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal,” Circuit Judge Andrew Kleinfeld wrote. “The Constitution does not furnish the federal courts with an eraser.”
Clayton Cramer discusses the dissents to the ruling.
Eugene Volokh thinks these dissents are good news in that they’re exposing more people to the actual intent of the amendment.
April 9th, 2004 at 5:49 pm
No Judicial Eraser for the U.S. Constitution
Got this quote from Say Uncle. It’s 9th Circuit Judge Andrew Kleinfeld, from a dissent on Nordyke v. King [PDF]. Sez the Judge:
If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution doe…