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November 29, 2017, 01:40 PM | #51 | |
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November 29, 2017, 10:21 PM | #52 |
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Well Glenn, I know we've had this conversation before. Everytime you mention Scalia's verbage, I feel like I haven't explained my view adequately; but we may just disagree.
I'd suggest that if you need to preserve some aspects of 1939-2007 gun regulation to get that crucial fifth vote, then the golden fleece is ambiguous dicta that gets you that fifth vote and allows lower courts to quote dicta without doing any real judicial analysis. That's doubly true if you have a Second Amendment case brought up before the Court is ready to take it. In the short term, that will be a loss; but if you can get pro-2A people appointed, that is a strategy that pays off long-term because it stunts the growth of anti-2A judicial review and advances the Second, albeit very slowly. As you've pointed out, it is also a good political sell since the only way that strategy pans out successfully is by an ability to appoint more pro-2A justices over decades, which means control of at least the White House and Senate by pro-2A folks. |
November 30, 2017, 09:39 AM | #53 | |
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December 1, 2017, 01:04 AM | #54 |
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Petition for Cert DENIED.
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December 1, 2017, 05:56 AM | #55 |
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Let stand a Circuit Court ruling that rifles in common use for 50+ years are not protected under the 2A. I wonder what they are waiting for and why there was zero public commentary from the justices?
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December 1, 2017, 10:18 AM | #56 | |
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Well, folks I have my world view on this but appreciate the interchange. I am just frustrated on the behavioral outcomes which have been less than up to my expectations. Are they unrealistic, perhaps?
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It seems to be a facet though, of choosing justices whose writings and utterances are scoured to see if they pass litmus tests on politically loaded items. A judge must be prolife and or prochoice, for example. Do judges come from a class of intellects whose decisions are based on a neutral and almost mathematical analysis of the law or are they individuals who decisions are based on their emotional and cognitive abilities. The latter decisions processes are filtered through the former - as happens in almost all decision making. Are they the exception, I doubt it.
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December 1, 2017, 11:43 AM | #57 | ||||||
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If you believe that people arrive at their positions emotionally then cobble together a reasoning to support that conclusion so that you can dismiss categorically the reasoning set forth in Sup Ct decisions, that same process can't only apply to some research. Every attorney has read result oriented jurisprudence; a court decides which party should win, then mangles the caselaw and code to get where it wants to go. For a high profile decision in which that happened, I would recommend the Bush/Gore decision of the FL Sup Ct. It's a wreck. Yet, that isn't what all judges do in all cases. There is a distance in professional analysis that allows one to tell his own client which parts of his case are terrible and why he should settle rather than lose. Is all psychological research just the emotional ramblings of the researchers, or do you have some kind of responsibility to deal with the text of writing before you dismiss it, even if a judge wrote it? Quote:
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December 1, 2017, 12:58 PM | #58 | |
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December 1, 2017, 04:00 PM | #59 | |
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If you read the decision closely.. It is a double edged sword, whether you want to believe it or not. "The 2nd Amendment is not an unlimited right." "The right to bear arms is not a protection of dangerous and unusual weapons."
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December 1, 2017, 09:22 PM | #60 | ||
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But that's only in theory. |
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December 1, 2017, 10:47 PM | #61 | |
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December 2, 2017, 02:22 PM | #62 |
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Two threads discussing the same case - Merged.
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December 2, 2017, 04:55 PM | #63 | |
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As far as I can see from the gutter where I live, the effect of Heller on lower courts pretty much could be a line written by the Who... Meet the new boss! Same as the old Boss!
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December 2, 2017, 05:41 PM | #64 | |
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December 8, 2017, 09:45 AM | #65 |
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