In what was formerly known as 'the Parker case,' the District of Columbia v. Heller was presented in conference on Friday for the U.S. Supreme Court to consider the petition to hear the case. The high court may release an announcement as soon as tomorrow (Tuesday) concerning whether or not they have agreed to review Heller.
The NRA posted the following last Friday about Heller at the Supreme Court:
'The U.S. Supreme Court is in conference today to consider the petition for the District of Columbia v. Heller (formerly known as Parker) case. The Court may have an announcement as soon as next Tuesday as to whether they will review the case. If they choose to hear it, the case will likely be heard in early 2008. If the Court refuses to hear the case, the lower court's decision, which struck down the D.C. gun ban as unconstitutional, will stand.'
In other words, the Supreme Court's refusal to hear the case would be a victory for gun rights in this country. Their declining to review the case would mean that a lower court ruling, which stated that D.C.'s anti-Second Amendment laws are unconstitutional, will stand, and thus, the District of Columbia would be forced to rescind it's gun ban ordinances.
If, on the other hand, the Supreme Court agrees to review the case, everything is up in the air. While one can take some comfort in the fact that conservatives and one swing vote have a majority on the Court, one must also remember that this is the very same Court that has basically ripped to shreds the private property rights of American citizens--rights that are also clearly delineated in the Constitution.
While it would be right and proper for the Supreme Court to once and for all clearly state what the Founders believed and wrote about gun rights, thus putting to rest the debate over individual rights in this nation, it may well be better under the circumstances if the Court refuses to hear the case and let's the lower court ruling stand.
That would also be a victory for gun rights.
Monday, November 12, 2007
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