A serious error...
The Volokh Conspiracy has a case that cites the dissent in Parker (the original case, that the Supreme Court affirmed in Heller) for the proposition that citizens of the District of Columbia do not have Second Amendment rights. Accordingly, both the Supreme Court and this court have consistently held that several constitutional provisions explicitly referring to citizens of ?States? do not apply to citizens of the District.?This is exactly the sort of judicial malfeasance that transformed what should have been a minor victory for the 2nd Amendment in US v Miller into 60 years of oppression. There are lots of rulings that cite US v Miller for things that contradict any possible reading of that decision. If we aren't careful we'll see exactly that same result with Heller -- especially if the Supreme Court's composition becomes more liberal over time. As noted on the Conspiracy, the outcome itself is not incorrect -- Heller does not offer those charged under "felon in possession" laws much recourse. I don't know that there's anything we can really do about this, other than hoping an appeals court takes notice and rewrites the ruling with a similar result. |
Check the groups below and enter your email address to receive updates by email:
The trackback URL for this entry is: http://triggerfinger.org/weblog/servlet/trackback/7469
No trackbacks have been posted so far.