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September 05, 2007

D.C. files appeal to SCOTUS

For those anxiously watching the evolution of the D.C. gun ban, today was a highly anticipated day. Sept. 5 marked the deadline the District of Columbia had to file an appeal to the Supreme Court asking it to overturn the D.C. Court of Appeals decision regarding its ban on handguns. The law also required owners of shotguns and rifles to have them unloaded and disassembled, or with a trigger lock.

The District's gun ban was one of the toughest in the nation. D.C. Mayor Adrian Fenty said the law was necessary to prevent further gun crime, saying that legalizing handguns would bring in more guns to the city and directly increase gun crime.

This is big news for many pro-gun rights organizations, which have been chomping at the bit for any jurisprudence of the Second Amendment. The last SCOTUS case involving the Second Amendment came in 1939 with United States v. Miller. While discussing the Second Amendment, the case only involved a very narrow interpretation of the law and failed to answer the individual versus collective argument.

We can expect to hear from the Supreme Court by Nov., and it is expected they will take up the case. By summer, we should have a decision that will affect all 50 states. Of course, there are multiple ways this case could be interpreted while still defining the Second Amendment as an individual right (as historical precedent has shown it to be). One such interpretation could be that states and cities do not have a right to limit access to specific types of firearms for individuals, but do have a right to regulate how those firearms are stored--as D.C. did in addition to outright banning handguns.

Regardless of how the case eventually comes out, this is the best chance the Second Amendment has to be interpreted in the proper way, and for that decision to set precedent once and for all. The conservative nature of the court (the only good thing Bush has yet to do as President) seems to bias it towards the individual right.

You can read the Washington Post article on the ban here.

Clarification Edit: By "conservative," I mean the willingness to interpret the Constitution in a manner respective of the original intent of the Founding Fathers, or what one might call strict interpretation. On a side note, any political divergence from the TRUE meaning of the Constitution is perilous, regardless of it being "left" or "right." In essence, judicial activism is a horrid thing. Sorry for the confusion. The word "conservative" doesn't mean what it once did.

Posted by Andrew Davis at September 5, 2007 04:06 PM

Reader Comments:

"The conservative nature of the court (the only good thing Bush has yet to do as President)"

That's a joke, right?

Posted by: Rob Power at September 5, 2007 04:17 PM

Even if the author doesn't mean it to be such, it absolutely is. While possibly beneficial to this case's decision, a "conservative" SCOTUS is as ruinous as a liberal one. If nothing else is available -- which, let's face it, it's not -- a bipartisan court would be preferable.

Posted by: IConrad at September 5, 2007 05:02 PM

Andrew what you mean and what the reader sees often are two different things, especially with words that are so politically charged.

MHW

Posted by: Michael H Wilson at September 6, 2007 06:36 AM

Now now, Andrew does a fine job. I appreciate the effort required to find worthy items every day and write a blog about it, fiting the size constraints.

Posted by: Coach Jim at September 6, 2007 11:18 AM

By "willingness to interpret the Constitution in a manner respective of the original intent of the Founding Fathers" do you mean like "Kelo"? I think the founders would be spinning in their graves over the current SCOTUS.

Posted by: Joseph Knight at September 6, 2007 04:27 PM

Almost fifteen years ago, I complained about the LP's continuous rightward drift.

We see just as much -- if not more -- judicial activism from the right as from the left, except that it is more often called "results-based adjudication" than "judicial activism" when it comes from the right.

Moreover, let's not deify the Constitution too much, eh? The Founders bravery and principles turned to cowardice and equivocation when it came to slavery, didn't it?

Give me a Thurgood Marshall or William J. Brennan any day over these mindless right-wing twits we've got on the court today. We've got ideologues where we need neutrality.

Posted by: Clay S. Conrad at September 6, 2007 10:23 PM

"Original Intent" is dead for numerous reasons I won't go into here. The original *meaning* in 1791, on the other hand, is quite important.

Posted by: Ben Kalafut at October 4, 2007 07:51 PM
 


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