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View Diary: Three Big Defeats Today for the Gun Rights Crowd (15 comments)

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  •  True, and the NRA advocacy was strident in ... (3+ / 0-)

    ... the BATFE case. From the introduction to the NRA's brief:

    It has been five years since this Court concluded in Heller that the Second Amendment secures an individual right to keep and bear arms, and three years since the Court underscored in McDonald that this individual right is a fundamental one. ...

    [O]ne would have expected a major reconsideration of extant firearms laws to have occurred. It has not. Instead, jurisdictions have engaged in massive resistance to the clear import of those landmark decisions, and the lower federal courts, long out of the habit of taking the Second Amendment seriously, have largely facilitated the resistance.

    Regrettably, the decision below ... [is] ... reflective of a stubborn resistance to treating Heller and McDonald like other decisions of this Court. Jurisdictions across the country have tried to narrow those decisions to the precise laws they considered, expressing doubt about whether they extend outside the home or even to a summer home. The federal government for its part has categorically deemed a whole class of legal adults unsuitable for exercising Second Amendment rights, and the courts below condoned it. Surely that is not what this Court intended when it admonished that “the enshrinement of” the Second Amendment “necessarily takes certain policy choices off the table.” [citing Heller]. The time has come for the Court to make clear that Heller and McDonald did more than invalidate a collection of outlier ordinances

    This reads to me like a blog entry from an impassioned advocate, but it isn't. This is a stern lecture to the US Supreme Court to set its lower courts straight! Now! In these cases!

    Instead, the NRA was relegated - as of a few hours later - to this one sentence of breaking news (a direct quote from a Reuters news article):

    The Supreme Court on Monday declined to wade into the politically volatile issue of gun control by leaving intact three court rulings rejecting challenges to federal and state laws.
    Yup!

    2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

    by TRPChicago on Mon Feb 24, 2014 at 11:31:40 AM PST

    [ Parent ]

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