Thursday, June 26, 2008

SCOTUS Upholds 2nd Amendment Shoots Down DC Gun Ban

Fantastic news from the Supreme Court today... (AP)
The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact.
...
The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.
Reaction from Republican Leader, my Congressman and a Great American -- John Boehner:
“In the most significant victory for the Second Amendment in recent memory, the Supreme Court today reaffirmed our citizens’ constitutional right to keep and bear arms. That right applies to every law-abiding American, not just those who live and work in Washington, D.C. The basis of this decision is straightforward: Americans – including residents of our nation’s capital – should have the ability to defend themselves, and under the Constitution, they are clearly guaranteed this right. For more than three decades, this right has been denied to law-abiding Americans in the District of Columbia, but today’s decision rightfully restores it to them. This decision should send a clear message to opponents of the Second Amendment. The Constitution plainly guarantees the solemn right to keep and bear arms, and the whims of politically-correct bureaucrats cannot take it away.”
I've also heard rumors that we may have found Obama Flip-Flop #27...an investigation will be underway shortly...

UPDATE 1: Americans for Limited Government:
Fairfax, Virginia— Americans for Limited Government today praised the Supreme Court’s decision in Heller v. D.C. “as a refreshing return to personal freedom, a reminder to the revisionists that the Constitution is neither out of date, nor out of vogue.”

In addition, ALG President Bill Wilson called upon 88-year-old Supreme Court Justice John Paul Stevens to “do what is right and honorable and resign now from the seat he has held too long and abused so badly.” Said Wilson, “In referring to Mr. Stevens’ convoluted reasoning as ‘grotesque,’ Justice Scalia summed up in a word Mr. Stevens’ entire career. He is clearly out of touch, out of sync, and, as demonstrated by his dissenting opinion in Heller, now barely coherent.”

In the historic 5-4 Heller ruling, the high court affirmed a lower court’s ruling that the District of Columbia’s gun ban is unconstitutional, violating the individual right to bear arms. Said Justice Scalia in writing the majority opinion, “Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.”

“This is a major victory for the citizens of the District of Columbia, and the rest of the nation,” said Wilson. “For far too long, citizens in certain parts of this country have been denied their constitutional rights. We commend the Supreme Court on this decision, and we trust it will mark the beginning of the end for misguided jurisprudence that views the Constitution as, in Jefferson’s words, ‘wax in the hands of the Judiciary’.”

In writing the majority decision, Justice Antonin Scalia wrote that, “[W]e find that [the textual elements of the Second Amendment] guarantee the individual right to possess and carry weapons in case of confrontation.”

Both parties in this case had argued on the basis of the meaning of the Second Amendment itself. D.C. had argued that the right to keep and bear arms only applied to State militias. But the Court ruled against that logic: “The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.”

Wilson agreed, “D.C.’s argument – and Mr. Stevens’ defense of it -- never even measure up to the basic rules of grammar, let alone the basic rule of law. The operative clause the Second Amendment has always been the right of the people to keep and bear arms. What is stunning to me is that the decision was so close.”

Wilson was guarded against overly praising the Court, “The Supreme Court has definitely been up and down with important decisions these past few years, with horrible rulings in both Kelo and the McCain-Feingold challenge, but this one they certainly nailed. In addition to commending the 5 justices ruled in favor of Mr. Heller, we would also like to praise the brave citizens who challenged D.C.’s unconstitutional law for their courage and patriotism. George Mason and Patrick Henry would be proud.”

Wilson added, “Nonetheless, Americans for Limited Government is very pleased with this decision protecting citizens’ rights to own and carry guns, and importantly that the case was decided on a textual basis. For too long the Court has done everything except rule on the basis of what the Constitution clearly says. Justice Scalia’s opinion, therefore, is a breath of fresh air for all Americans who value the rule of law.”
UPDATE 2: Congressman Bob Latta:
“Today’s landmark decision reaffirms our citizens’ Second Amendment right to bear arms. No law abiding citizen should be denied this constitutional right based on what city they live in, and I applaud the Supreme Court’s decision that recognizes this,” Latta said.
UPDATE 3: OH-18 candidate Fred Dailey:
"The Supreme Court made a common-sense ruling today to protect the rights of law-abiding citizens to keep and bear arms," Dailey said. "This decision affirms that our second amendment right is an individual right and that firearms will continue to be a part of the American culture. This decision also underscores the importance of having a Supreme Court that defends our constitutional rights instead of legislating from the bench."
I decided to pass on the cowboy story in the last paragraph of the release...

6/26/08 UPDATE: Here's Justice Kennedy...