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Old 06-04-2009, 10:52 AM
 
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The 9th and the last four words of the 10th in particular as regards the current topic, but mention the underlying role of the 9th in Roe v Wade or other right to privacy cases and see how long it is before someone mentions that the right to privacy does not appear anywhere in the Constitution. It's as if, despite the readily available history, these people live to fulfill the prophecy of the Federalist protest...
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Old 06-04-2009, 11:22 AM
 
Location: USA - midwest
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Quote:
Originally Posted by Little-Acorn View Post
This was done by a three-judge panel of the 7th Circuit. Anyone know if they will reconsider with the full court (en banc), or just go straight to the Supremes?

I think the ruling is pretty standard federal court stuff. They generally rule in favor of states or localitites having more leeway in most areas of law as long as it isn't more permissive than federal law.

The folks in Chicago and the rest of Illinois need to toss some clowns out of office if they want their 2nd Ammendment rights. They've gotten rid of Blago, and that's a good start.
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Old 06-04-2009, 11:32 AM
 
Location: The Woods
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Quote:
Originally Posted by saganista View Post
The 9th and the last four words of the 10th in particular as regards the current topic, but mention the underlying role of the 9th in Roe v Wade or other right to privacy cases and see how long it is before someone mentions that the right to privacy does not appear anywhere in the Constitution. It's as if, despite the readily available history, these people live to fulfill the prophecy of the Federalist protest...
Roe v Wade combined the right to privacy with abortion and I think it was an incorrect action.
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Old 06-04-2009, 11:41 AM
 
Location: NY
2,009 posts, read 3,679,637 times
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A quote from The NRA:

NRA Appeals Seventh Circuit Ruling to the U.S. Supreme Court


Fairfax, Va. - Today, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday's decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments.
"The Seventh Circuit got it wrong. As the Supreme Court said in last year's landmark Heller decision, the Second Amendment is an individual right that 'belongs to all Americans'. Therefore, we are taking our case to the highest court in the land," said Chris W. Cox, NRA chief lobbyist. "The Seventh Circuit claimed it was bound by precedent from previous decisions. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. Alameda County, which found that those cases don't prevent the Second Amendment from applying to the states through the due process clause of the Fourteenth Amendment."
This Seventh Circuit opinion upholds current bans on the possession of handguns in Chicago and Oak Park, Illinois.
"It is wrong that the residents of Chicago and Oak Park continue to have their Second Amendment rights denied," Cox concluded. "It's time for the fundamental right of self-defense to be respected by every jurisdiction throughout our country."
[CENTER]-NRA- [/CENTER]
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Old 06-05-2009, 04:52 PM
 
820 posts, read 1,142,422 times
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More info from the SCOTUS Blog:

www.scotusblog.com/wp/nra-asks-court-to-expand-2d-amendment (http://www.scotusblog.com/wp/nra-asks-court-to-expand-2d-amendment - broken link)

This will be an interesting case.
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Old 06-05-2009, 06:36 PM
 
19,187 posts, read 30,004,256 times
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Quote:
Originally Posted by arctichomesteader View Post
Roe v Wade combined the right to privacy with abortion and I think it was an incorrect action.
No, abortion enters the case only because the law challenged was one that prohibited it. After discussing the long-standing nature of the right of privacy and its previously established inclusion of matters relating to marriage, procreation, contraception, family relationships, and child rearing and education, the crux of the 1973 ruling is found here...

This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.

The actual means of termination are a mere ancillary to exercise of a woman's fundamental right not to be pregnant against her wishes.
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Old 06-06-2009, 06:00 AM
 
820 posts, read 1,142,422 times
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The common thread seems to be privacy and freedom issues.
NRA , et al , v Chicago , et al 08-1497 is certainly more more than just another firearms case. It's another step in the incorporation of the Bill of Rights -- a process that began generations after the Constitution was ratified. The Heller case seems to indicate that a " specific enumerated right" such as free speech , the guarantee against double jeopardy and the right to counsel should all recieve similar levels of review.

IIRC , if 4 justices vote to hear the case and if it moves forward in a typical fashion , a ruling could released next summer.

Last edited by gbear48; 06-06-2009 at 06:12 AM.. Reason: Clarity.
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Old 06-06-2009, 02:58 PM
 
820 posts, read 1,142,422 times
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Quote:
Originally Posted by saganista View Post
.... (Snip for brevity)....
The actual means of termination are a mere ancillary to exercise of a woman's fundamental right not to be pregnant against her wishes.
I believe that most of us would agree that prevention ( or avoidance , if possible ) would generally be better than termination.
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