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Old March 30, 2012, 02:54 PM   #76
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Join Date: July 10, 2008
Location: Live Free or Die state
Posts: 259
Another Dumb Question

Just yesterday i read Gura's appellate brief in Hightower, and found it compelling reading. It seems clear that in that case, as in Woolard, his argument is based on the USSC declaring the 2nd Amendment a fundamental right, elevating it to the same scrutiny and judicial tests that are embodied in the vast body of decisions on 1st Amendment questions. However, decisions related to free speech don't carry nearly the political or emotional weight as 2nd Amendment questions always seem to. People in general don't seem to fear free speech in the way so many seem to carry an irrational fear of firearms (in the hands of law-abiding citizens, no less).

Judges, like everyone else, have emotions and bias but their positions require them to set those aside in weighing evidence, argument and precedent (like that ever happens). Their positions also enable them to enforce their leanings on the masses, if so inclined. We've all seen decisions that used circular logic, or employ entirely new interpretations or applications of prior case law, to reach a desired and probably predetermined outcome. I think they call that legislating from the bench.

So here's the dumb question: anyone care to opine on how far from his prior leanings Judge Legg really reached here? I am trying to gauge whether Legg was brought around to this decision by a compelling legal argument, or whether he was already receptive to this position and this case provided a perfect medium for his viewpoint. By way of comparison, i'm thinking of the Hightower case and others that will use this same argument - was a fairly liberal judge persuaded by an airtight argument and is that likely to happen elsewhere, or did this case land in the lap of a judge already likely to rule in this way?

Some of the early posts indicated an expectation of unfavorable rulings. So i'm just asking for opinion here.
"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness... How pathetic." - - Ted Nugent

"Cogito, Ergo Armitum Sum" - (I Think, Therefore I Am Armed)- - anon.
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