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Old 12-04-2012, 9:34 AM
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kcbrown kcbrown is offline
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Originally Posted by Kukuforguns View Post
I have, without exception, been extremely impressed with every federal judge I have ever met. They are, without exception, extremely bright, hard-working people who have dedicated their lives to public service. To say that these good people will deny preliminary injunctions without regard to Supreme Court precedent is imprudent. Look at the 7th Circuit's order in Ezell, for an example of a court dutifully swallowing a bitter pill. Once the Supreme Court concludes that the people's RKBA includes public carry (in non-sensitive places), the vast majority of courts are going to fall in line. Yes, there will always be courts who interpret the Supreme Court's decisions narrowly. That is not unique to the RKBA -- think of all the decisions narrowing the right to obtain abortions. But I wholly disagree with your belief that judges in the Ninth Circuit will simply disregard Supreme Court precedent finding the RKBA includes public carry.
OOIDA v Lindley argues against your position here.

Ezell is not an example of a court swallowing a bitter pill. The 7th Circuit ruled in our favor in that case. It does not conflict with my previous statements.
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

The real world laughs at optimism. And here's why.