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Old July 13, 2010, 09:21 PM   #8
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,389
On the other, Skoien wouldn't be my choice for the guy to challenge the domestic violence prohibition - so seeing him shot down (and in a decision with poor analysis and no real attempt made to apply scrutiny no less) makes me think the door is still open for some better appellant to bring a case later.
The majority opinion specifically left open the possibility that someone well-behaved for an extended period of time could challenge the lifetime ban. That is troubling because it means the court would go far beyond the statutory language and craft exceptions of it's own choosing -- judicial activism at it's worst. The statute should simply be struck down as being over broad on its as a lifetime ban and then leave it to Congress to establish time limits or other reasonable limitations on the statute.

It will be interesting to see if Skoien appeals to SCOTUS and whether he gets cert
I'm betting the Supreme Court is going to wait awhile for the lower courts to wrestle with the issues before stepping in. This provides a clearer picture of the issues and greater input from the various Courts of Appeals and other authorities.
KyJim is offline  
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