Expected 2nd Amendment Decision Due

[Kreyzhorse]

Update on Possible Decision Date

This from the scotusblog.com site:

As the StatPack indicates, there are now ten cases to be decided before the Court recesses for the summer, including three of the highest profile cases of the year - DC v. Heller (Second Amendment), Kennedy v. Louisiana (death penalty for child rape) and Exxon v. Baker (punitive damages over Exxon Valdez oil spill). We wanted to give those readers awaiting these decisions a quick primer on what to expect over the next week.

The timing of opinions. There is only one decision day next week on the Court’s official calendar: Monday, June 23, when the Court’s public session will begin at 10 am eastern. However, as the Court has done for the past two weeks, it’s certain that the Court will sit on one or more additional days later in the week. Based on past practice, if the Court holds one additional opinion day, it will likely be the Thursday (June 26) as it did last Term. If it holds two additional opinion days (which is more likely, given that ten opinions remain), the added days will likely be Wednesday (June 25) and Thursday (as it did in the 2005 Term).

(Of course, the Court isn’t required to finish by June 26, but it has concluded the Term before July every year for the last decade. Monday June 30 is also a possible last day, but is unlikely because the Court internally plans on finishing each Term during the fourth week of June.)

After the jump, I discuss the basics of how we predict which Justices will author which opinions and our current sense on that issue.

 

[xd9fan]

I have little faith in the Courts
They read different documents then what I read.

 

[USAFNoDak]

What scares me is if they rule on the Heller case in a similar fashion to the case regarding Kelo vs. London, Connecticut. In that case the city of London, CT took some houses and property from people using the takings clause, but it was not for government use, such as a street or park. It was to give the properties to a developer who would build strip malls and new businesses. The city said it was a public good because it would increase the tax revenues from a blighted area. The homeowners, Kelo, argued that their property was not a blight and they had spent considerable money to fix it up.

The Supremes ruled that the term "public good" should be left up to local and state governments to determine and pass laws defining such things as would be considered "public good". So they kicked it to the curb and the Kelo's lost their property to the city so that the city could sell it to a developer who would turn a handsome profit from it. The city would then "profit" from the extra taxes coming in. Well, no property is safe under such a ruling.

So, the USSC could say, "Yes, the Second Amendment does refer to an individual right to keep and bear private arms. However, outside of an outright ban, it should be left up to local and state governments as to what regulation of firearms, and how much, is REASONABLE with respect to their specific situations. While Washington, D.C. cannot have a ban on keeping handguns in ones place of residence, they may ban carrying in public, and can levy taxes on the purchase and possession of handguns, as well as require that all handguns be registered with the city law enforcement officials. This regulation may include, but is not necessarily limited to, requirements for a thorough background check and a statement by the citizen on why he or she NEEDS to keep a handgun in their place of residence."

I'm scared at how they can use "legalese" language to make it look as though they are ruling in favor of protecting a constitutional right, all the while allowing local and state governments to trample all over such a right. I'm holding my breath, and people are starting to refer to me as Papa Smurf.

 

[gretske]

Looks like three decisions were published today, but Heller is not amongst them.

 

[bushidomosquito]

When a decision is reached, I am sure someone on this forum will let me know. Hey! Here's an idea! Why don't we all stop posting about it until we know for sure? That way the next time I click on a SCOTUS/Heller thread it may contain something that hasn't been hashed over to bits in past discussions. Just a thought.

 

[kozak6]

I think that the ruling will be so narrow as to be nearly meaningless so they can sidestep making a "real" one.

 

[gretske]

Today is the last session for the SCOTUS until September, so it is expected that Heller will be released, since the Court said it would render a decision in June. Decisions are usually announced at 10 AM.

 

[RDak]

I'm so excited right now, I can hardly type this darn post!!

Someone said maybe tomorrow also?

 

[jclayto]

looks like not today either guys. I guess they are holding out to make it the very last decision because either way it will be controversial to one party. Issue and skip town for recess, that seems to be the plan.

 

[HKuser]

Well, they know that this decision will eclipse all others issued in the spotlight of the press. They're milking the media attention as much as possible.

 

[gretske]

I just checked the schedule. There are rulings being issued today, tomorrow (Thursday) and maybe Monday. AP and FOX are saying it will come down tomorrow.

 

[Wait I'm Reloadin']

hip hip, hooray Today 26 June 08 is DC's independence day