Make your prediction on DC vs Heller

What will the outcome of DC vs Heller be?


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Even if they do rule that only militia members can keep and bear arms...no problem since it also says "the people" have this right.

Worst case, we may all have to organize and form local militias...which might not be a bad idea anyway.

Heck, we also might want to bring back the posse to hunt down criminals when local law enforcement has their hands tied by legal restrictions.

After all, we "the people" have the God given right to protect ourselves from whom ever attempts to do us harm.

At least this is coming up now, as opposed to a few years from now when the liberals put more liberals on the court. When that happens, I hope this issue has already been solved by the high court in our favor!
 
Second - I checked out the NRA website and didn't see any thing mentioned. I might have over looked it, but I would think that with today being a large test to the 2nd amendment that it might be in the forefront of the NRA's agenda. As a member, I have to wonder what the NRA is more concerned about than this.

Wow. You didn't look very far.

NRA heller site

Even if the NRA did try to scuttle this case originally (not arguing that pro or con here) once it was clear it was going through they joined into the fight in a big way. There have been constant NRA alerts, lots of information on their website, and it was the NRA that put together the pro-Heller congress amicus (arguably one of the most influential) and the coalition of states. There have also been other amici contributed to or authored by NRA associated lawyers.

The NRA joined the fight big time once it was clear it was going to happen. At that point they had no choice, either time to s*** or get off the pot.
 
Wow. You didn't look very far.

Okay - I was all over the NRA.org page but didn't check out the NRAILA.org site. I was stunned that the NRA wasn't all over this and I'm glad to see they are on the ILA side.
 
Okay - I was all over the NRA.org page but didn't check out the NRAILA.org site. I was stunned that the NRA wasn't all over this and I'm glad to see they are on the ILA side.

No Problem. I apologize if I came off as being condescending, BTW. I just didn't want people to think the NRA was still trying to ignore this (assuming they ever were).
 
I think they are going to toss the gun ban on the trash heap. I note they gave both sides a going over. The Heller side didn't do as well as he could. I suggest what they will be arguing is what level of scrutiny applies. I guess we won't know where they will come down until late June.
 
No Problem. I apologize if I came off as being condescending, BTW. I just didn't want people to think the NRA was still trying to ignore this (assuming they ever were).
They tried to get a law put through that would have scuttled this case. I guess that doesn't count as "ignoring," though.
 
No Problem. I apologize if I came off as being condescending, BTW. I just didn't want people to think the NRA was still trying to ignore this (assuming they ever were).

No issue, I'm glad you pointed out where they addressed it at. This is the type of issue that caused me to join the NRA and I expected to see them fire with guns blazing. Thankfully they have.
 
They ought to all meet over at the OK Corral,
and the side still standing wins! :cool:

Hey, at least it would be quicker
and a whole lot cheaper...plus it
would put the funeral home guys to
work which would help the economy
 
Here's my geuss

5-2-2 to uphold the appeals court decision.

Won't rule on the standard of review, other than to say D.C. didn't get over the bar.

More than we feared, a lot less than we hoped for.

Now, the wait begins.:(
 
But if they simply uphold the appeals court decision without addressing the standard, they have in effect agreed that the standard is a lineal descendant of the ordinary arms that were employed at the writing of the 2A. With that in mind, they ruled for strict scrutiny. The SCOTUS has to set some kind of standard, or else they have tacitly affirmed the strict scrutiny that the DC Circuit opinion called for, which is not completely out of the question. In fact it appeared that they were eager to find Miller deficient and somehow overturn that as well.

Here's my prediction: Individual Right 7-2. Strict Scrutiny 5-4. Just how strict is anybody's guess at this point.
 
It will be ruled an individual right, but it would be able to be "reasonably restricted" to the point an outright ban wouldn't look that much different. :o
 
I'm feeling an upholding of Heller at 6-3 or 7-2. Roberts, Scalia and Alito all felt like they were all for strict scrutiny and throwing Miller out entirely. Kennedy seemed to be 3/4 of the way there too. Stevens was mostly on our side, but concerned about the nasty machine guns, as was Ginsberg. Breyer was outside of the fold, and I couldn't make out where Souter stood.

Thomas didn't seem to say a word... I wonder if he was even there.

Level of scrutiny? 4 in favor of us, unless a miracle brings in a 5th justice. Can level of scrutiny be decided by the plurality of opinions? Like a 4-3-2 split with 4 in favor of strict scrutiny, 3 in favor of heightened scrutiny, and 2 in favor of ignoring the 2A altogether?
 
Personally I believe the SC will vote 6-3 for an individual rights to bear arms. But, the other issue here is that the court will also decide if reasonable restrictions are constitutional. If they say reasonable restrictions are constitutional then the case will be passed down to a lower court to decided what gun restrictions are reasonable. In the end it might be a complete wash with nothing changing. :mad:
 
I'm guardedly optimistic now that the Court is going to uphold an individual right, though if Kennedy has anything to say about it, (And he does.) it won't be the right Madison wrote the 2nd amendment to protect.

Still, a right to arms suitable for self defense and sports might not be the original purpose of the 2nd amendment, but it's a right worth having.

The real fear at this point is what standard of review they will chose. True, they don't have to pick a standard of review to strike down D.C.'s law, but I'm betting they will anyway. And it won't be strict scrutiny, though it ought to be.
 
Going way out on a limb (since my crystal ball shattered some time ago)...

7-2 for an individual right. The DC Codes in question are ruled an unconstitutional infringement and are stricken. No standard of review is mentioned.

Breyer and Souter dissent from the majority.

Ginsberg and Stevens agree with the majority in part but dissent in part.
 
I've no faith that any branch of our federal gov't actually rule within the spirit of the Constitution as intended.
 
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