Garys
NES Member
Washington DC, that is. They just aren't going to accept the SCOTUS decision without a fight.
http://reason.com/news/show/127686.html
http://reason.com/news/show/127686.html
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Dragged kicking and screaming
- Thread starter Garys
- Start date
If the SCOTUS wants to give us any reasonible belief that any law means anything now, they should file charges against every DC official, Police chief, and politician who is defying the ruling. If not, then we can now interpret the constitution as worthless.
![[sad]](/xen/styles/default/xenforo/smilies.vb/004.gif "Sad [sad]")
Garys
NES Member
Hopefully one of the lawyers on the forum will chime in but I think it would be up to the DC District Court to oversee the actual implementation. Which would mean that the plaintiffs would have to go back into court and ask that the DC government be compelled to comply with the ruling. Which might mean more hearings and a determination if the new regulations meet the criteria set for in Heller.
SCOTUS doesn't deal with the day to day administration of their rulings.
SCOTUS doesn't deal with the day to day administration of their rulings.
I fully support the District of Columbia’s continued fight on getting these dangerous weapons off the streets and out of the homes. I also fully support the tough registration tactics that they have employed to stand firmly in the gray area which allows them to continue the tough fight to keep these illegal guns off the streets and out of the hands of criminals who would do the city and nation great harm.
They should continue to defy the horrid 'judgment' of the Supreme Court of the United States, who lacked the 'judgment' to interpret the Constitution and Bill of Rights as the living documents that they are, rather than the view they expressed in researching and coming to an understanding by the use of period language and laws of the time in order to plainly state that the amendment meant what it said.
Each and every day that D.C. opposes this foolish law and each and every time they lose a lawsuit over this, which sadly defines these laws as true laws of the land with further established and defining caselaw for further loses and battles, I will support them.
Go D.C!
I am counting on you!!
They should continue to defy the horrid 'judgment' of the Supreme Court of the United States, who lacked the 'judgment' to interpret the Constitution and Bill of Rights as the living documents that they are, rather than the view they expressed in researching and coming to an understanding by the use of period language and laws of the time in order to plainly state that the amendment meant what it said.
Each and every day that D.C. opposes this foolish law and each and every time they lose a lawsuit over this, which sadly defines these laws as true laws of the land with further established and defining caselaw for further loses and battles, I will support them.
Go D.C!
I am counting on you!!
Yes, SCOTUS would not step in here sua sponte unless they were really trying to make a point. Even then, there needs to be some justiciable case or controversy for them to step in and decide the case should come to them. I don't recall this ever happening (where SCOTUS was the first court to hear a case).
So, someone will need to sue DC over the new law in D.C. Circuit court. The Declaratory Judgment Act would provide enough basis to file suit under a federal question basis (violation of 2A rights, 14th amendment rights, 28 USC civil rights, etc.).
In any event, someone will have to get the ball rolling by initiating a civil action. My prediction would be the DC Circuit holds the new law to be unconsititutional, appeals court affirms and SCOTUS denies certiorari. Then DC will propose a new law.
I believe that's basically correct. SCOTUS only deals with issues that involve the US Constitution - other matters are handled by lower courts. Heller involved the definition/interpretation of the 2nd Amendment, which is obviously a constitutional question. Now that the individual right to keep and bear arms for self-defense is settled law, a case involving the legality of DC law(s) regarding how guns may be stored and used, and whether Heller applies to semi-automatics, would be heard in federal District Court where the law(s) would likely be struck down, and my guess is that SCOTUS would not agree to hear an appeal by DC.
ETA: Aha! I see that a more legally trained mind has beaten me to it, but seems to agree with what I said. (Phew!)
None of this will matter unless someone in DC's government is told that they will be ARRESTED if they don't comply with the orders of the court. I imagine they will drag their feet as long as they can possibly get away with it.
-Mike
-Mike
That is a long process anyway - you need an order issued from the judge, then you would have to move to compel when the order was ignored, then likely show that refusal to obey the order has occurred, and then get a bench warrant issued for the offending party's refusal to comply.
I can't see that fining them (unless it is a personal fine) would speed anything
up either.
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