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Scatch Maroo
10-31-2005, 10:25 AM
On the radio a few idiots were complaining about his extremism, and once cited that Alito was very pro-gun, citing that Alito once argued "Congress has no right to restrict the possession and sales of machine guns" at gun shows. Anyone know of his stances?

Seems to me like he'd be a great guy to have on the SC...

Scatch Maroo

double_action
10-31-2005, 10:38 AM
Some info on Alito . . .

This one's abit technical . . .
http://www.cs.cmu.edu/afs/cs.cmu.edu...us_v_rybar.txt


and, of course, if the brady bunch doesn't like him, that good enough for me . . .
http://www.bradycampaign.org/press/release.php?release=701

Scatch Maroo
10-31-2005, 10:42 AM
This one's abit technical . . .
http://www.cs.cmu.edu/afs/cs.cmu.edu...us_v_rybar.txt




Can you copy/paste this for me? Says I don't have access. So much for the free-spirited spread of knowledge. ;)

Scatch Maroo

1911_sfca
10-31-2005, 11:00 AM
Can you copy/paste this for me? Says I don't have access. So much for the free-spirited spread of knowledge. ;)

Scatch Maroo

The link he posted was truncated. here (http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/us_v_rybar.txt) is the full link.

1911_sfca
10-31-2005, 11:02 AM
And here (http://www.bradycampaign.org/press/release.php?release=701) is the 2nd link, from the Brady bunch.

double_action
10-31-2005, 11:03 AM
Sorry, thanks for fixing the link 1911.

Ericthenorse
10-31-2005, 11:26 AM
I read some of that, but my head started to hurt.. I did see a piece that made me laugh..

"Neither challenge is persuasive. Every court of
appeals that has considered a challenge to section 922(o) under
the Commerce Clause has upheld the constitutionality of the
provision. See United States v. Beuckelaere, 91 F.3d 781 (6th
Cir.1996); United States v. Kenney, 91 F.3d 884 (7th Cir.1996);
United States v. Rambo, 74 F.3d 948 (9th Cir.), "

United states VS Rambo......:D

Charliegone
10-31-2005, 11:54 AM
Hmmm this will be interesting. I was just watching fox news and Ted Kennedy said (during his first hearing as 3rd circuit judge) that he was a well qualified judge.. we will see if he changes his tune. Hell finally someone actually says he is pro-gun.:D Just hope the damn dems don't fillibuster.

mblat
10-31-2005, 12:14 PM
Just hope the damn dems don't fillibuster.

I don't care what dems do... let's just hope that republicans have enough balls to break filibuster....

Librarian
10-31-2005, 12:41 PM
also see http://armsandthelaw.com/

edwardm
10-31-2005, 1:16 PM
On the radio a few idiots were complaining about his extremism, and once cited that Alito was very pro-gun, citing that Alito once argued "Congress has no right to restrict the possession and sales of machine guns" at gun shows. Anyone know of his stances?

Seems to me like he'd be a great guy to have on the SC...

Scatch Maroo

I might offer some words of caution here. I read the opinion and have some background in reading cases involving complex Constitutional issues. I would not, from my reading of that case, call him "pro-gun". Judge Alito, in referring to the Rhenquist opinion on Lopez, believes that the Commerce Clause is not an unbridled grant of power to Congress and consequently believes that there are limits to what Congress may or may not do under the Commerce power via the Necessary and Proper clause.

His opinion notes that such restrictions are more aptly left to the realm of the states (the entities who should have ultimate, and the only, police power). I think the little one-liners about him being "pro-gun" or "pro-machinegun" (as the wackos like to say) should be ignored, lest they plant seeds of incorrect assumptions. Still, it would be good to have another Justice on the court who is willing to take his or her life appointment and use it as insulation when slapping Congress around when called for.

-e

MrTuffPaws
11-01-2005, 2:35 PM
Very true. He believes in limitations to the commerce clause. Of course, I doubt that I will see in my life time a ruling against the commerce clause and the power granted to the feds because of it. Even so called conservative judges like Scalia and Thomas have ruled in the past that the commerce clause grants X power to congress, even though nothing crosses the state lines.

Can you imagine what would happen if the SCotUS limited congresses power of the commerce clause? The feds would be open to loosing almost every bit of power they have over the states.

mblat
11-01-2005, 5:26 PM
Can you imagine what would happen if the SCotUS limited congresses power of the commerce clause? The feds would be open to loosing almost every bit of power they have over the states.


Living in CA I am not totally conviced that this would be a good thing.... :)

edwardm
11-01-2005, 8:04 PM
Very true. He believes in limitations to the commerce clause. Of course, I doubt that I will see in my life time a ruling against the commerce clause and the power granted to the feds because of it. Even so called conservative judges like Scalia and Thomas have ruled in the past that the commerce clause grants X power to congress, even though nothing crosses the state lines.

Can you imagine what would happen if the SCotUS limited congresses power of the commerce clause? The feds would be open to loosing almost every bit of power they have over the states.

You might want to read this link:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=U10287

That's the Lopez case I mentioned in my first post. In essence, the Supreme Court overruled 18 USC 922(q), banning guns in school zones. Congress enacted this under their presumed Commerce Clause power, and the Court struck down the law. This was one of the more interesting opinions out of Rhenquist. I'm a bit sad that he passed on, to say the least.

So, it already has happened in your lifetime. Hope for more. :D