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16 Responses to “Heller Opinion”

1. gattsuru Says:
   June 23rd, 2008 at 10:13 am

   The only opinion remaining from the March sitting is Heller. The only Justice without a majority opinion from that sitting is Justice Scalia.

   – Scotusblog live feed.

   Oh, dear gods.

2. Blake Says:
   June 23rd, 2008 at 10:18 am

   Interesting that they let that info out. 🙂

3. Yu-Ain Gonnano Says:
   June 23rd, 2008 at 10:27 am

   OK, for the uninformed…

   Why does noting that Scalia has only written dissents in the March term imply that either A) That he won’t be in the minority on this case, or B) That he’ll be the one writing the Majority opinion on this case?

   It would seem to imply, to me, that if he’s been in the minority on all the other cases, that it’s likely he’s in the minority on this one too.

   What am I missing?

4. blounttruth Says:
   June 23rd, 2008 at 10:31 am

   Not to hijack this thread, but I thought it was important today to link to the new assault weapons ban being introduced as I have not seen a mention of it here. Where such terrifying items as shotguns and even the treacherous Ruger 10/22 would be banned. Very interesting that this would come to light during this time of 2nd amendment hearings. Can anyone summarize what occured today? I followed the chat link live, but have no idea what all the A Vs. B did towards the cause.

   http://www.govtrack.us/congress/billtext.xpd?bill=h110-6257

5. gattsuru Says:
   June 23rd, 2008 at 10:34 am

   Well, he’s stated favor of Heller’s viewpoint repeatedly and regularly during the oral arguments. Scalia’s about as sure a bet as it gets from a firearms viewpoint.

   Normally, every justice writes at least one majority opinion per sitting. There’s no statute about it, just a tradition and the attempt to keep everything somewhat fair, but it’s followed fairly although not perfectly reliably. There’s usually enough 9-0 cases or times where all but one member of a 5-4 vote changes that this is seldom an issue.

   While you have to be in the majority to write the majority opinion, not writing a majority opinion isn’t proof of being in the minority — each case (usually) gets only one majority opinion, while it usually has five or more votes.

6. SayUncle Says:
   June 23rd, 2008 at 10:40 am

   BT, that is so last week. 😉

7. Tom Says:
   June 23rd, 2008 at 10:47 am

   we’ll get the ban flipped, but that’s about it. Also there will be “reasonable” restrictions. I doubt it’ll be worded to open up an avenue of attack against machine guns, since he talked about “commonly held”

   Who knows. Just let the damn thing out already.

8. Yu-Ain Gonnano Says:
   June 23rd, 2008 at 10:49 am

   gattsuru: Gotcha, thanks.

   I took “without a majority opinion” to mean “hadn’t signed onto a majority opinion”, not “hadn’t authored the majority opinion”. And had no idea that that was a tradition.

   And the prospect of Scalia writing it is *very* positive.

9. nk Says:
   June 23rd, 2008 at 10:51 am

   Well, it’s never safe to make guesses from the Justices’ questions during oral arguments but it seemed to me that Kennedy was more in favor of carry than Scalia. Scalia did in fact come down hard on DC and the Solicitor General on handgun prohibition (“so because we can have newspapers it’s ok to ban books?”) but he repeated the English law about not carrying “in the marketplace” several times.

10. blounttruth Says:
    June 23rd, 2008 at 10:54 am

    Little slow on the 2nd Uncle, so many amendments they are trying to destroy, in so little time…. Keep up the good fight!

    BT

11. trainer Says:
    June 23rd, 2008 at 11:00 am

    It’s like sitting in the delivery room.

12. Yu-Ain Gonnano Says:
    June 23rd, 2008 at 11:42 am

    Potential wrench: SCOTUSBlog mentioned 10 outstanding cases coming into today. Only 3 decisions were released this mornging leaving 7 undecided cases that Scalia could write the majority opinion on.

    Anyone know likely outcomes of those 7 and whether Scalia is likely to find with the majority?

13. chris Says:
    June 23rd, 2008 at 11:50 am

    I agree with trainer.

    I am rather nervous about this decision.

14. Blake Says:
    June 23rd, 2008 at 12:36 pm

    “Yu-Ain:” But only one of those seven is from March…which is Heller.

15. Yu-Ain Gonnano Says:
    June 23rd, 2008 at 1:15 pm

    Well, duh!

    I guess reading really is fundamental. 🙂

16. Kasper Says:
    June 23rd, 2008 at 7:41 pm

    In the immortal words of Tom Petty: The waiting is the hardest part.

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