Tuesday, November 13, 2007

Called it!

I called this one a few months ago.

I'll be doing my superior dance now.

Nothing's going to change about the current situation either. Residents of DC will not be allowed to own guns, and the local government will make up whatever reason they want for arresting and jailing the common citizens for such.

The thugs will still be armed and the crime in that city will continue, just as it has for generations now.

Move along citizen, nothing to see here.

Update: The robes decided to hear the case, I stand corrected. I didn't think they had it in 'em.

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Anonymous Anonymous said...

I love comments that start out, "Correct me if I'm wrong, but..."

The ball has been bouncing, and I've lost track of which court it's in (though I guess we can see which court it's not in). If a circuit court struck down the law, and an appellate court refused to overturn that decision, and SCOTUS chooses not to hear that--doesn't it mean that the law is struck down? If not, how does it work? We may have won, and not know it. That's justice.

3:57 PM  
Blogger Kevin said...

Not yet. SCOTUS hasn't said whether they'll hear the appeal.

If they don't, the lower court's decision stands and DC's gun ban is overturned.

Then DC can do what NYC did - make it "possible" to register a firearm and keep it in ones home, just exhorbitantly expensive and difficult. Then we get to do the whole court thing again. Meanwhile we get to start attacking state laws on the basis that the Second protects an individual right - maybe.

Or, SCOTUS can deign to hear the case, and we all hold our collective breaths as to which way (and how broadly) they'll decide.

The next opportunity for SCOTUS to announce their decision on hearing the case or not will be 11/26.

4:31 PM  
Blogger theirritablearchitect said...

Oh, the law has been "struck down", but somehow I can't believe that the powers that be (the asshat Hizzoner Adrian Fenty) letting the peasants go armed...even within their own homes.

It's all rather predictable, I think. There's a gray area, and no one really knows what is what, so the local gummint will just tell everyone what to do, if only because they think they can.

It's all going to end up with numerous additional court cases referencing the appelate court's decision that affirmed overturning the law. What will come of this, I don't know, but people are going to go to the clink over it.

Not pretty.

Anyway. Thanks for playing. Stop by often, please.

4:41 PM  
Blogger theirritablearchitect said...

Mr. Baker,

Am I missing something here?

If SCOTUS is simply deferring and not "deciding" on whether to hear the case now, why wouldn't they just put it off again, and again and again?

We all know they don't want any of this business. They're not stupid, so they're going to play games and deflect, right?

It's all the same to me. Bunch of sissified gummint pukes who couldn't make a decision or do the right thing if their lives depended on it.

Fenty will get to have his goons do whatever the Hell it is he wants, since it'll fall to him to "do something."

Gray crap. A massive, ambiguous, undefinable legal gray area that is going to land bunches of regular folks in jail, I fear.

Please, feel free to elaborate here, I'm really quite interested in the long version of what this is all about.

5:15 PM  
Blogger Kevin said...

As I understand it, SCOTUS can't ignore the appeal - they must do something with it.

They can:

1) Deny cert. - the lower court decision stands; D.C.'s gun ban is unconstitutional and overturned.

2) Grant cert. - the lower court's decision is stayed until SCOTUS hears and decides on the merits

3) Summary judgment - reverse and remand without hearing (Highly doubtful)

They can continue to delay, but not forever. The longer they delay the more likely I think it is that they will deny cert. If they had four votes, we'd know it.

6:59 PM  
Blogger theirritablearchitect said...


The SCOTUS is just buying itself more time on this. Typical delay tactic (they are government pukes, afterall).

Eventually they'll deny certiorari and stay away from this issue altogether, though this will piss off the leftists to no end. They'll be challenging this at the local level after that (as we expected) since that will be their last recourse. That's where it gets even muddier.

Local magistrates for DC, I'm assuming, will be much more likely to ignore the case by defining it as a Federal issue and claim some sort of "Home Rule" bullshit, and that the Mayor and Council can do as they please.


7:53 AM  
Blogger NotClauswitz said...

To be World-Class you gotta have a name-brand Big Crime City, and DC wants to be it.
It used to be New York, then it was Chicago - New Orleans was a well known criminal enterprise for a long time but after Katrina much of its population has spread out to infect other cities and so has diluted the brand - it's up to DC to take up the slack!

2:08 PM  

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