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Midian
06-28-2010, 6:20 AM
http://www.scotusblog.com/2010/06/live-blog-orders-and-opinions-6-28-10

Window_Seat
06-28-2010, 6:34 AM
SCOTUS BLOG:

Tom:
Good morning everyone.

Tom:
Thank goodness Bilski will come out today. I'm out of bad patent jokes.

Tom:
So after orders, guns should come first today -- from Justice Alito

Tom:
When Heller was decided, we had our biggest day ever, by far -- 300,000 hits. Americans care about gun rights.

Tom:
i'm also surprised that there isn't more interest in the conservative and religious communities in Christian Legal Society.

Erik.

Regulus
06-28-2010, 6:40 AM
9:39 Tom: Incorporation will be under the Due Process Clause.

Can't say I'm surprised.

RomanDad
06-28-2010, 6:48 AM
Will some of you log off??? I cant get the feed....

I appreciate it. :D

dantodd
06-28-2010, 6:51 AM
RD, firefox was puking all over for me but chrome popped it right up after only 2 tries.

Fjold
06-28-2010, 6:51 AM
LOL. I got on early just to get in line. It's as bad as being there live.

RomanDad
06-28-2010, 6:52 AM
This dog is too old to learn that trick

RomanDad
06-28-2010, 6:52 AM
Nevermind.... IBTL.

anthonyca
06-28-2010, 6:56 AM
Anything new? This is killing me.

RomanDad
06-28-2010, 6:59 AM
Anything new? This is killing me.

The court goes in session at 10 Eastern.... And it takes a few minutes to get 9 octogenarians up a staircase without breaking any hips.

tmncali
06-28-2010, 7:01 AM
10:01 Tom: My bet is roughly 25,000 people are watching the live blog.
Monday June 28, 2010 10:01 Tom

Foulball
06-28-2010, 7:02 AM
The court goes in session at 10 Eastern.... And it takes a few minutes to get 9 octogenarians up a staircase without breaking any hips.

Hahahahaha!!!!

RomanDad
06-28-2010, 7:02 AM
Theyre in!

tmncali
06-28-2010, 7:03 AM
10:02 Erin: The Chief Justice opened the public session with a tribute to Martin Ginsburg.

Monday June 28, 2010 10:02 Erin

tmncali
06-28-2010, 7:04 AM
10:03 Tom: We believe Justice Ginsburg is on the bench.
Monday June 28, 2010 10:03 Tom
10:04 Erin: The Court denies review of all seven tobacco petitions, including one by the U.S.

Havoc70
06-28-2010, 7:04 AM
68% of the people watching the blog are watching it for the McDonald case. Sweet!

RomanDad
06-28-2010, 7:04 AM
REVERSE AND REMANDED!!!

tmncali
06-28-2010, 7:04 AM
10:04 Erin: Alito announces McDonald v. Chicago: reversed and remanded

IrishPirate
06-28-2010, 7:04 AM
This must be what it was like back before TV when you had to gather around the radio and wait for someone you couldn't see to tell you something important. It feels truely historic at this moment...

dantodd
06-28-2010, 7:04 AM
reversed and remanded.

RomanDad
06-28-2010, 7:04 AM
Incorporated!

Quiet
06-28-2010, 7:05 AM
Alito announces McDonald v. Chicago: reversed and remanded

tmncali
06-28-2010, 7:05 AM
10:04 Tom: Gun rights prevail 10:05 Erin: The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense

Monday June 28, 2010 10:05 Erin

Crom
06-28-2010, 7:05 AM
Can't get in. Blogsite is busy!

Havoc70
06-28-2010, 7:05 AM
5-4 - we win!


Erin: Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

tmncali
06-28-2010, 7:05 AM
10:05 Erin: Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

tmncali
06-28-2010, 7:06 AM
10:05 Tom: The majority seems divided, presumably on the precise standard

RomanDad
06-28-2010, 7:06 AM
Majority is split as well...

4 for due process... Thomas for PorI

tmncali
06-28-2010, 7:06 AM
10:06 Erin: The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.

tmncali
06-28-2010, 7:06 AM
10:06 Erin: Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.

IrishPirate
06-28-2010, 7:07 AM
HURRAY!!!!!!!!!!!!!!!!!!

tmncali
06-28-2010, 7:07 AM
10:07 Erin: Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities

Papa "J"
06-28-2010, 7:07 AM
Erin: The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.

Havoc70
06-28-2010, 7:07 AM
10:07

Erin:
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.

tmncali
06-28-2010, 7:07 AM
10:07 Erin: The Court has granted review of six cases

Papa "J"
06-28-2010, 7:07 AM
Erin: Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.
Monday June 28, 2010 10:06 Erin

Window_Seat
06-28-2010, 7:07 AM
Looks like we might have PorI, but that's based on what SCOTUS Blog is speculating!

Edited to correct: We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amend-ment right recognized in Heller

Erik.

tmncali
06-28-2010, 7:08 AM
10:07 Erin: Among is the challenge to the AZ law regulating work for illegal immigrants: Candelaria, 09-115

Crom
06-28-2010, 7:09 AM
So we have our answer. Our Holy Grail. And so it is!

tmncali
06-28-2010, 7:09 AM
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

anthonyca
06-28-2010, 7:09 AM
5-4 - we win!


Erin: Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

Wow, wow. They hate the second that much they think doesn't apply? I really want to read this when it is posted. I can't fet the live feed. :mad::mad:

RomanDad
06-28-2010, 7:10 AM
214 pages... I have a lot of reading to do.

tmncali
06-28-2010, 7:10 AM
http://www.supremecourt.gov/orders/courtorders/062810zor.pdf

Havoc70
06-28-2010, 7:11 AM
10:10

Erin:
It should be noted that, in the guns case, the Court says explicitly in Alito's opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning.

tmncali
06-28-2010, 7:11 AM
10:10 Erin: It should be noted that, in the guns case, the Court says explicitly in Alito's opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning

tmncali
06-28-2010, 7:11 AM
10:11 Erin: The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand

Havoc70
06-28-2010, 7:11 AM
So this will be interesting:

10:11

Erin:
The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.

tmncali
06-28-2010, 7:12 AM
10:11 Erin: All nine members of the Court are on the bench, including, of course, Justice Ginsburg.
Monday June 28, 2010 10:11 Erin

Luieburger
06-28-2010, 7:12 AM
Glorious day!

USAFTS
06-28-2010, 7:12 AM
http://www.supremecourt.gov/orders/courtorders/062810zor.pdf

AND NOW THE FUN BEGINS! BOOOYAHHH!

gunsmith
06-28-2010, 7:12 AM
ugh I h8 PDF, what happened tell me tell me

tmncali
06-28-2010, 7:12 AM
gotta head to work, gonna be late

Havoc70
06-28-2010, 7:12 AM
10:11 Erin: All nine members of the Court are on the bench, including, of course, Justice Ginsburg.

She hates guns so much, she ignores the fact her husband died to sit on the bench to voice her dissension.

RomanDad
06-28-2010, 7:19 AM
The opinion is a bit broader in its language than Heller.

I beleive they may have ruled out Intermediate Scrutiny as well.....

Regulus
06-28-2010, 7:22 AM
10:10 Erin: It should be noted that, in the guns case, the Court says explicitly in Alito's opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning

I believe this is why the Mc Donald case was selected. Not to incorporate by PorI, but to squash it.

cj1026
06-28-2010, 7:25 AM
Tag

Dr Rockso
06-28-2010, 7:25 AM
I have to say that while I'm totally happy about incorporation, at the same time I'm disappointed that 4 of the justices could convince themselves that the right affirmed in Heller wouldn't apply against state and local governments....and that the court appears to have no interest in revisiting as universally-disparaged a decision as Slaughterhouse.

RomanDad
06-28-2010, 7:27 AM
This is what McDonald Looks like Printed...

http://i5.photobucket.com/albums/y154/MovieLawyer/IMG_0536.jpg

Im gonna need a bigger staple.

Regulus
06-28-2010, 7:30 AM
Erin: We will post on the blog later today examining the impact of McDonald on existing types of gun control laws.

This will be interesting.

Paladin
06-28-2010, 7:31 AM
I believe this is why the Mc Donald case was selected. Not to incorporate by PorI, but to squash it.Now I'm glad the NRA insisted on arguing DP EP before the Court.

Paladin
06-28-2010, 7:33 AM
I beleive they may have ruled out Intermediate Scrutiny as well.....
"This Court does not deal with beliefs, only facts and laws. Counsel, what is the law of this case?" :D

dixieD
06-28-2010, 7:34 AM
Wow, wow. They hate the second that much they think doesn't apply? I really want to read this when it is posted. I can't fet the live feed. :mad::mad:

They hate the first too.

stitchnicklas
06-28-2010, 7:42 AM
if you read the decision justice stevens desented ,but only for a reason ,most of his opinion is in favor of incorporation

Liberty1
06-28-2010, 7:52 AM
McDonald mentions 'rifles for self defense' citing Senator Sumner...:D

page 22-23 And when attempts were made to disarm “Free-Soilers” in “Bloody Kansas,” Senator Charles Sumner, who later played a leading role in the adoption of the Fourteenth Amendment, proclaimed that “[n]ever was [the rifle] more needed in just self-defense than now in Kansas.” The Crime Against Kansas: The Apologies for the Crime: The True Remedy, Speech of Hon. Charles Sumner in the Senate of the United States 64–65 (1856).

USAFTS
06-28-2010, 7:56 AM
Wayne has commented.

RESPONSE BY NRA'S WAYNE LAPIERRE (http://www.nraila.org/News/Read/NewsReleases.aspx?ID=13956)

FreedomMom
06-28-2010, 7:57 AM
So, if you guys could be patient with a girl who's not as savvy as she should be.....could someone give me a run down of what due process and privileges and immunities means? And what the ruling ended up being? I know it was in 'our' favor, but what does that now mean for us in CA? I know it's about incorporating the 2A to the state level, but what about the 'due process' and 'privileges and immunities'? sorry I'm a little slow on this one..... :o

Regulus
06-28-2010, 8:03 AM
FreedomMom, here is a good explanation from another thread:

http://www.calguns.net/calgunforum/showpost.php?p=4512113&postcount=34

Meplat
06-28-2010, 8:47 AM
Boy! There sure were not a lot of profiles in courage regarding PoI!