Supreme Court: Where is the fifth vote?

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Gary H

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SupremeCourtJustices.jpg

top row l-r: Ruth Bader Ginsburg, David Souter, Clarence Thomas, Steven Breyer
bottom row l-r: Antonin Scalia,, John Paul Stevens, William Rhenquist, Sandra Day O'Connor, Anthony Kennedy

Assume that Miers is confirmed.

Assume both Miers and Roberts are on the side of individual right.

Cut and paste the two new faces.

Where are the five votes confirming that the Second Amendment is a personal right?
 
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The 5th vote would have to come from the sometimes conservative Kennedy. A swing vote if ever there was one.
 
Prior to posting this thread I did a Google search (forgive me) and could not find any firm information on Kennedy and gun rights.

I think that our best case is that we need one more vote. Short of death, I don't think that Bush will get that chance and his performance in office doesn't bode well for the party. I mean this in two ways. He has moved the Republican party into the big spending party of compassion. Secondly, he has alienated many that put him in office. That fifth vote isn't going to come easy.
 
5th vote

I has to be a swing person. The Connecticut decision taking personal property was 5-4 with both Renquist and O'Conner voting in the minority. That only says in many decisions the liberals already have a 5-4 majority and they want to make it 6-3. IMO of course.
 
There is no fifth vote. In my opinion, there's no need to risk the 2nd Amendment in this way until vicotry is assured.

Remember the damage Miller did? Now imagine a court that decids flat-out there's no individual right.

I will leave you with that harrowing image.
 
There is no fifth vote.
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Bush's inability to display leadership in his second term may be a fatal blow to the Republican control. Half measures in his vague "War on Terrorism" and his insistence that we go the way of Rome with regards to immigration, revive the clueless Democratic Party. Democratic control will find new appointments to the Supreme Court and our hopes for a sympathetic court will be gone for a generation.
 
Remember that a lot of the work of the Supreme Court is actually done by law clerks who are drawn almost exclusively from the prestige and left leaning
law schools and who are steeped in the "government by judiciary" philosophy.
Some justices merely accept whatever their clerks write for them.
 
While internet gun folks drool over a 2nd Amend decision, it is too risk with almost any version of a possible court.

I went to the Academics for the 2nd Amend. Conference sponsored by the 2AF and Don Kates was clear that both pro and anti groups don't want to go near the court as to the risk of a clear cut decision.

Even the NRA would have mixed views:

1. We win - thus all the business of boosting gun rights disappears and the NRA goes back to emphasizing ducks - think of the layoffs. What would Wayne do?

2. We lose - bury your guns in the PVC and wait for the revolution? That's a nice risk to take.

Thus, better not have a decision from this jaundiced viewpoint.
 
Some justices merely accept whatever their clerks write for them.
Click to expand...

Does it really sound like that to you?

Do you really think Scalia, Thomas - or on the other end, Ginsburg - don't do their own homework?
 
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