7th Circuit issues ruling on incorporation

maestro pistolero · June 2, 2009, 01:29 PM

OP deleted as a drive by. My apologies.

CowTowner · June 2, 2009, 02:12 PM

I think we knew that SCOTUS would be involved sooner or later on the incorporation issue.
I'm glad that this may finally get resolved.

Glenn E. Meyer · June 2, 2009, 02:15 PM

This is technically a drive - by - the issue is important, so someone needs to write an analysis quickly or I'll be forced to closed it.

GEM

Wildalaska · June 2, 2009, 02:22 PM

Short analysis:

SCOTUS has spoken and only SCOTUS can change it.

It is imperative that this go to SCOTUS before the makeup of the Court changes

WildmovefastboysAlaska ™

ilbob · June 2, 2009, 02:31 PM

Pretty much the 7th said they think that the 9th screwed up by incorporating, since the SCOTUS has previously ruled it is not.

There was some dicta that seemed to say they think it should be, but they were clear that they think it is not their place to do so.

azredhawk44 · June 2, 2009, 02:42 PM

Quote:

Pretty much the 7th said they think that the 9th screwed up by incorporating, since the SCOTUS has previously ruled it is not.

There was some dicta that seemed to say they think it should be, but they were clear that they think it is not their place to do so.

Very respectable of them, IMO (untrained as I am from a legal standpoint).

As much as I like the 9th's incorporation decision... it did seem to be legislating from the bench. Which we hate as a policy. Subordinate courts can't overrule higher court decisions.

I doubt SCOTUS will hear this before an Obama appointee gets approved. No matter, though. The loss of Ginsberg for another raving lib is not going to change the makeup for this issue.

Glenn E. Meyer · June 2, 2009, 03:18 PM

Oh, phooey - here's the link for info.

I just wanted a review.

http://www.ca7.uscourts.gov/tmp/O01FG3KP.pdf

And we don't need to go off on raving, blah, blah.

So I'm closing it.

If someone wants to read this and post a cogent summary, that would be welcome.

June 2, 2009, 01:29 PM	#1
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	OP deleted as a drive by. My apologies. Last edited by maestro pistolero; June 2, 2009 at 02:45 PM.

June 2, 2009, 02:12 PM	#2
CowTowner Senior Member Join Date: October 17, 2007 Location: Cowtown of course! Posts: 1,747	I think we knew that SCOTUS would be involved sooner or later on the incorporation issue. I'm glad that this may finally get resolved. __________________ NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor *“Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......”* President John F. Kennedy

June 2, 2009, 02:15 PM	#3
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	This is technically a drive - by - the issue is important, so someone needs to write an analysis quickly or I'll be forced to closed it. GEM __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

June 2, 2009, 02:31 PM	#5
ilbob Senior Member Join Date: November 29, 2006 Location: Northern Illinois Posts: 515	Pretty much the 7th said they think that the 9th screwed up by incorporating, since the SCOTUS has previously ruled it is not. There was some dicta that seemed to say they think it should be, but they were clear that they think it is not their place to do so. __________________ bob Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

June 2, 2009, 03:18 PM	#7
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	Oh, phooey - here's the link for info. I just wanted a review. http://www.ca7.uscourts.gov/tmp/O01FG3KP.pdf And we don't need to go off on raving, blah, blah. So I'm closing it. If someone wants to read this and post a cogent summary, that would be welcome. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

June 2, 2009, 02:22 PM	#4
Wildalaska Junior member Join Date: November 25, 2002 Location: In my own little weird world in Anchorage, Alaska Posts: 14,172	Short analysis: SCOTUS has spoken and only SCOTUS can change it. It is imperative that this go to SCOTUS before the makeup of the Court changes WildmovefastboysAlaska ™

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