Thursday, June 26, 2008

The Canary Lives!

The 2nd Amendment is the first and last line of defense of the Bill of Rights. In a 5 to 4 decision, think about that, the Constitution survived.

From SCOTUSblog and BenchMemos;
1. District of Columbia v. Heller (Second Amendment challenge to D.C. handgun ban): Scalia majority opinion striking down ban. 5-4 ruling. Breyer dissent, joined by Stevens, Souter, Ginsburg. (No concurring opinions.)

From the Court's syllabus:

(a) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes, such as self-defense at home.

(b) The Second Amendment right is not unlimited. The Court's opinion should not cast doubt on concealed-weapons prohibitions, laws barring possession of firearms by felons and the mentally ill, laws barring firearms in sensitive places like schools and government buildings, and laws imposing conditions on commercial sale of arms.

(c) D.C.'s handgun ban and trigger-lock requirement violate the Second Amendment. The total ban on handgun possession prohibits an entire class of arms that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any standard of scrutiny, that ban falls. The trigger-lock requirement makes self-defense impossible. D.C. may use a licensing scheme.
I recommend you visit the party/collective sigh of relief at Argghhh!!! and Kim's place.

5-4. That is how close you are to losing your freedoms. Ponder that at election time. I will sleep well tonight.

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