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Oral arguments will begin about 20 minutes from now.

I know of three bloggers who are attending, and should post some early comments. They are probably going to be our first indicators of how the day went.

A full written transcript of the proceedings will be available later today, and I'll be scanning those for anything of interest.

Hang on--it's going to be an interesting day. We're seeing history being made.

Last edited by denton; 03/02/10.

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Is it going to be shown on CSPAN-2 (Which I don't have)


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No real-time audio or video feeds. frown


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Ignorance is not confined to uneducated people.


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Usually, you can get a seat if you queue up around 5:00 a.m. The court is hearing two cases today. It appears that some of the bloggers planning to attend won't get in because people want seats for both cases.

Last edited by denton; 03/02/10.

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Orals are beginning. SCOTUS has refused any live video or audio feeds. We may not have much news until after 11:00 when the orals end.


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CalGuns reports that WaPo, LAT, and NYT have all come out in favor of incorporation via P&I. I'm sure SCOTUS is following their opinion intently... not.


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So, what's the chance that things could get worse for gun owners after this?
Couldn't the Supreme Court decide that states and cities have a right to create more restrictive gun laws than the federal government?
We've all been acting like this will be a slam dunk, but I'm not sure it is. And if they don't rule in the favor of McDonald, even more states and cities could jump on board with gun banning.


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Chances of this case making things worse are pretty slim. SCOTUS signaled that it wanted a case like this, and they fast-tracked it. All other such cases that I know of have resulted in incorporation.


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With the Court, NOTHING is EVER a "slam-dunk" all we can do now is hope.


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Originally Posted by exbiologist
So, what's the chance that things could get worse for gun owners after this?
Couldn't the Supreme Court decide that states and cities have a right to create more restrictive gun laws than the federal government?
We've all been acting like this will be a slam dunk, but I'm not sure it is. And if they don't rule in the favor of McDonald, even more states and cities could jump on board with gun banning.

=============

The Question Presented in McDonald v. Chicago is:

�Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.�


This is the only question presented for argument today. Remember, there was about 48 pages of 55 pages of argument in the brief posturing the P&I argument with about 7 rather quiet pages of argument as to Due process being the acceptable vehicle for Incorporation. It is why the NRA asked to Intervene. They wished to strengthen the Due Process argument so the court had another potential avenue of success by which to hang their hats if Gura were to blow his wad on only P&I positions.

All bases are covered. It will be a hurry up and wait to see which vehicle the SCJ's ride in but I'm confident they will certainly pick one of the vehicles and Incorporate.


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With the Court, NOTHING is EVER a "slam-dunk" all we can do now is hope.


That's true.

Sure wish SCOTUS had agreed to a video feed.

Pins and needles.


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Dave Hardy, major attorney for our side, says he thinks we have our five votes.


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The Court would have to develop some really bizarre oppositional theories to now rule against stare decisis precedent as to incorporation.


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Originally Posted by denton
Oral arguments will begin about 20 minutes from now.

I know of three bloggers who are attending, and should post some early comments. They are probably going to be our first indicators of how the day went.

A full written transcript of the proceedings will be available later today, and I'll be scanning those for anything of interest.

Hang on--it's going to be an interesting day. We're seeing history being made.
Many thanks, Denton, for keeping us all informed on this topic.

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http://www.scotusblog.com/

Quote


Analysis: 2d Amendment extension likely
Lyle Denniston | Tuesday, March 2nd, 2010 11:26 am

Analysis

The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right. The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment�s guarantee of �due process,� since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

When the Justices cast their first vote after starting later this week to discuss where to go from here, it appeared that the focus of debate will be how extensive a �right to keep and bear arms� should be spelled out: would it be only some �core right� to have a gun for personal safety, or would it include every variation of that right that could emerge in the future as courts decide specific cases? The liberal wing of the Court appeared to be making a determined effort to hold the expanded Amendment in check, but even the conservatives open to applying the Second Amendment to states, counties and cities seemed ready to concede some limitations.


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Originally Posted by isaac
The Court would have to develop some really bizarre oppositional theories to now rule against stare decisis precedent as to incorporation.


you forget they have the Latina gun grabber up there now.


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For me that reason is usually because I've made some bad decisions that I need to pay for.
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Her vote is technically no different than Souter's would be. OTOH, she may surprise on this one.


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