The Confederate States of America or The Supreme Court?

[DocHolliday]

Maybe I Got it wrong but didn't The USA win the Civil War?
Wasn't one of the fundamental issues that no State, County or Municipality could enact a statue contrary to the constitution?

Sorry folks but I doubt if even the NRA can keep up with all the upcoming legislation, I sure as hell can't. So I'm not doing backflips because some judge in Dade County threw out that lawsuit against manufacturers. How many more counties are there left to go?

The Supreme Court has the power to review and rule on any case it pleases from a lower court, even if none of the parties involved petition it to do so.

The 2nd Amendment appears to be a hot potato that they do not want to touch. I know this is not news, and that the NRA has tried to get its day in court and they've postponed, tiptoed thru the tulips around it, etc. For once, I'd like to see some kind of definative ruling, yes, even if it went against what I believed.

Until the Supreme Court remembers who and what they are, until they rise beyond any sort of political affiliation, regardless of whoever nominated that judge, it seems due process is at a standstill.

Any suggestions as to what can be done within the boundaries of the law and of common sense to wake the court up?

I don't expect much from politicians, but I would like to see the Judicial stop the Executive branch from doing whatever the polls tell them to do. Integrity and courage from judges would be nice, don't you think?

 

[4V50 Gary]

There are several hurdles which must be overcome before the Supreme Court will grant certiorari.

Standing: The parties must have an interest in the controversy (mere status as a taxpayer was never held to grant someone standing).

Timeliness: The case must be brought before the Court in a timely manner. That is, the issue must not have reached a conclusion by the time the Court reviews it. Nor must the issue be one that is hypothetical (the Court won't give advisory opinons).

The issue must not be capable of being resolved on adequate state grounds. That is, if your state courts can resolve it, the Supreme Court won't touch it.

The issue must clear any of the numerous abstention doctrines.

As you can see, there's a whole litany of challenges which must be cleared before the Supreme Court will grant certiorari.

Personally, I think the best way to have an issue addressed to get two different Federal District Courts to disagree. Say if the 9th Circuit (West Coast) holds that the Second Amendment is irrelevant and applies only to the National Guard. If the 2nd Circuit holds that it's an inalienable right recognized by the Constitution, we have conflict between the lesser federal courts. The Supremes can't have this and will step in to provide guidance.

The Printz case which overturned the Brady Bill provision of requiring local LEO to do background checks is an excellant example of two lesser federal courts disagreeing on the law. The Supreme Court stepped in and held that provision of the Brady invalid. Yay Supremes!

Let's hope Chief Justice Rehnquist holds in there until a pro-gun candidate is elected to the presidency.

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Vigilantibus et non dormientibus jura subveniunt