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Old 12-04-2012, 1:11 PM
OleCuss OleCuss is offline
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Another way to look at what is happening is that the courts are actually being conservative.

So rather than invalidating a lot of laws by asserting that Heller/McDonald covers carry outside the home they are not assuming the role which should be occupied by the various legislatures.

Let's be rather blunt here. . . All those horrible, rights-trampling laws over which we rage at the courts for not overturning - were passed and signed into law by our elected officials. To claim it is the fault of the courts that those laws still exist is (to a significant extent) to mis-place responsibility.

And if you want a judiciary which is not totally out of control you might want to appreciate and encourage the courts when they do not willy-nilly overturn duly enacted laws.

This may sound strange from a person who strongly believes in the RKBA, but Heller and McDonald should fill us with sadness. The SCOTUS should never have had to intervene by writing those opinions. The POTUS, the Congress, and the various state officials (elected and unelected) should have been enforcing the RKBA since at least the passage of the 14th Amendment.

And what is a non-SCOTUS court to do when SCOTUS did not tell them how to implement the rulings we treasure? Especially when SCOTUS has since repeatedly refused to hear another good RKBA case?

In a sense the SCOTUS has been endorsing what the lower courts have been doing by refusing to take a case and render an opinion which would prevent the currently exceedingly narrow interpretations of Heller and McDonald.

The lower courts and circuits are in a difficult position right now. I hope SCOTUS will take a good case and correct the current idiocy, but I will mourn on the day that they do for the fact that they have to do this implies that the Executive and Legislative branches of our government have to be forced to show even minimal respect for our rights.

Right now the only branch of our government which is functionally even marginally at protecting our rights are the courts. Probably not wise to inveigh against them when they aren't responsible for the oppressive laws and are gradually fixing them.
CGN's token life-long teetotaling vegetarian. Not qualified to give any legal opinion so pay attention at your own risk.