TriggerFinger


Gura vs The Supreme Court, part II


Alan will be filing a petition for certiori with the Supreme Court in the Chicago Gun Case very soon now.
It wasn't surprising, considering the panel's comments at oral argument.  Of course this decision is completely wrong.  The Seventh Circuit should have conducted a modern selective incorporation analysis and held the Second Amendment incorporated.  The dicta suggesting that the right to self-defense may be abrogated by statute, and that the exercise of fundamental individual rights can be curtailed at the state level as a nod to federalism, is particularly troubling.
I basically second all of that.  This was an awful ruling, particularly where it suggests that the state could abrogate entirely the right of self-defense.  Yes, it's true that the basic decision (holding that the 7th Circuit is bound by ancient Supreme Court precedent, willingly or not) is not entirely unreasonable; nonetheless, insofar as the ruling does say something of its own, what it says is horrifying. 

This entry was published Fri Jun 05 01:03:38 CDT 2009 by TriggerFinger and last updated 2009-06-05 01:03:38.0. [Tweet]

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