Question on gun cases.

[nicki]

Question. Once we have incorporation, and the second amendment is recognized as a fundamental right, could this lead to a situation where we could recluse judges in gun cases if they are anti gun?

Also on potential jurors on cases, does this mean we could recluse anti gun jurors?

It would seem to me IMHO that a anti gun judge or juror would be prejudiced and as such would not be able to render impartial judgements.

Of course, the legal system works in strange ways, any thoughts guys.

Nicki

[Mssr. Eleganté]

I prefer the Hardigg over the Pelican but some folks prefer the Starlight.

Oh, wait a minute. Never mind. :p

[dfletcher]

Question. Once we have incorporation, and the second amendment is recognized as a fundamental right, could this lead to a situation where we could recluse judges in gun cases if they are anti gun?

Also on potential jurors on cases, does this mean we could recluse anti gun jurors?

It would seem to me IMHO that a anti gun judge or juror would be prejudiced and as such would not be able to render impartial judgements.

Of course, the legal system works in strange ways, any thoughts guys.

Nicki

I would say not - and if we were inclined to do so wouldn't that mean a judge who owns a gun should recuse himself from a case? If that were the case we wouldn't have Heller, I'm quite certain Scalia is a gun owner - maybe Thomas also.

The theory is that jurists are able to set aside personal views in deciding law.