highdesert wrote: Mon Apr 29, 2019 1:04 pm
featureless wrote: Mon Apr 29, 2019 12:16 pm
highdesert wrote: Mon Apr 29, 2019 11:58 am
featureless wrote: Mon Apr 29, 2019 11:37 am
With the current Dem focus on ban everything gun related, we desperately need some wins at SCOTUS if we have any hope of retaining gun rights when the power pendulum swings.
Definitely and as some of the commentaries have pointed out, SCOTUS has to give lower courts step-by-step instructions on how to evaluate federal, state and local gun laws in line with Heller, McDonald and 2A. They'll have to be just like a grade school teacher, give federal and state courts the criteria and draw the lines that they cannot cross arbitrarily. Federal, state and local law makers also need lines drawn. It needs to be a very detailed decision, hoping some of the their law clerks are already sketching out the decision based on the appellant and respondent briefs. And it needs to be very clear so that even the most anti-gunner group can understand it without their legal beagles. My wish list.
Yes, lower courts continue to believe that intermediate scrutiny is fine for 2A issues and defaulting to "state knows best" is perfectly acceptable for determining fit. Why don't we accept that approach for speech, race or religion cases, I wonder....
Right on, the states "compelling interest" always wins in blue state courts. They use bogus reasons like a "law enforcement need" without any facts or science thinking of microstamping. You're right, the 1st would never get a pass like that from the courts.
When red states start passing veiled state religion laws, you will know. They have already tried, but just wait to see what is coming down the road.
https://www.theatlantic.com/politics/ar ... ds/274646/
A bill filed by Republican lawmakers would allow North Carolina to declare an official religion, in violation of the Establishment Clause of the U.S. Bill of Rights, and seeks to nullify any federal ruling against Christian prayer by public bodies statewide.
The legislation grew out of a dispute between the American Civil Liberties Union and the Rowan County Board of Commissioners. In a federal lawsuit filed last month, the ACLU says the board has opened 97 percent of its meetings since 2007 with explicitly Christian prayers.
"The Constitution of the United States does not grant the federal government and does not grant the federal courts the power to determine what is or is not constitutional; therefore, by virtue of the Tenth Amendment to the Constitution of the United States, the power to determine constitutionality and the proper interpretation and proper application of the Constitution is reserved to the states and to the people," the bill states.
The bill might be pointless grandstanding, but it's just one of many pointless pieces of grandstanding that signal the revival of nullification as a legal theory in the Obama years, mostly among conservatives who have claimed that states could disregard duly passed federal laws on matters like health care or gun control. (Liberals have indulged too, demanding that the feds not enforce drug laws in states that have legalized marijuana.)
"Each state in the union is sovereign and may independently determine how that state may make laws respecting an establishment of religion," it states.
It is an unfortunate human failing that a full pocketbook often groans more loudly than an empty stomach.
- Franklin D. Roosevelt