New supreme court justice

[FalArAk]

If Jorge Bush happens to keep his promise and elect a Conservative,would any groups try to get the MA gun laws to the Supreme Court on the basis of the laws being un-constitutional ?

The reason I ask is that if a conservative is nominated/elected,the court will be more conservatives than liberal,so in theory they should overturn MA laws as un-constitutional (ie:Anti-2nd Ammend)

I don't know a lot regarding politics,so maybe this is a moot point because a state can overturn a federal court ruling ? Like the emminent (sp?) domain thing ?

 

[Lynne]

Here's some stats on Roberts (named last night by the President):

http://www.foxnews.com/story/0,2933,163027,00.html

 

[Jeremiah]

These are good questions, but I know Nothing about Judge Roberts. That's not much of a surprise--I figured that I wouldn't know anyone picked for the Supreme Court.

Instapundit mentioned that he couldn't find anything Roberts has said about the 2nd ammendment. So, I'm assuming that his record on the subject is thin at best.

Pros: But, he's supposed to be brilliant, conservative and fair. That translates (to me) as very likely pro-gun.
Cons: He made a (mildly) controversial ruling in DC about a 12-year-old girl being arrested for eating a french fry in a Metro station. If I read the paraphrase correctly, his ruling was that the law was stupid, and the police were enforcing it in a ridiculous manner BUT it's DC's right to make stupid laws and have a police force that is obnoxiously overzealous. It's nice to have a judge bow to the will of the people, but unfortunately that kind of reasoning would probably allow MA law to stand.

(I'm no lawyer, though. Google "judge roberts" and "french fry" and you'll get as many write-ups about this ruling as you could desire)

 

[Len-2A Training]

John Jay,

Are you sure the kid wasn't arrested for failure to produce a License to Eat in a Metro Station? Sounds like they failed to issue this kid this very important discretionary license?

[roll] [lol]

 

[Jeremiah]

LenS,

The DCPD had probably just found out about potato guns, and arrested her for unlicensed possession of ammunition.

"Toting" potato gun ammo in a public space, no less! Think of the children!

 

[Len-2A Training]

John Jay, funny you should say that. Some LEOs are currently looking for real inventive ways to prosecute possession of spud guns. they are trying to extend assault with deadly/dangerous weapon, destruction of property, infernal machine statutes to fit their idea to ban these devices and prosecute their owners/users.

 

[Lynne]

Ya know...when Roberts was appointed to the seat he holds now, the Jud. Comm. passed him 16 to 3. Somehow that doesn't make me feel warm and fuzzy about his 2nd Amendment stance, but that might not have been brought up in his first confirmation hearing.

Course, the libs, whether they have a problem with him or not, will do their utmost to make life miserable for him through the whole process. Fenistein was quoted as saying she'll keep her "powder dry" until he answers questions. Ya, ah huh. (ever notice they always use gun terms to describe things? [roll] )

 

[KMaurer]

Re: The French Fry Ruling

So, do you want a justice who overturns laws because he thinks that they're stupid or a bad idea, and conversely upholds laws because he thinks that they're good?

Or do you want a justice who looks at the Constitution and overturns each and every law that violates it, either by infringing on a guaranteed liberty or by exceeding the extent of the powers expressly given to Congress (no matter how much it might personally like it), and lets every other law stand, regardless of how dumb or bad it might seem to him?

I'll definitely take the later. They're not appointed to be Philosopher Kings, no matter how much they might act like it. I don't know what his personal views are on different topics and don't really care. All I give a damn about is whether he sees the job as applying the Constitution or making the world "a better place".

Ken

 

[Nickle]

Well Ken, you have just defined the true job of the SCOTUS, to apply the Constitution, not persue personal beliefs.

 

[Jeremiah]

I definitely want a judge who applies the Constitution, rather than redefining it for our "more progressive" age. So, I think that Robert's ruling in the french fry case shows good character. He didn't like the law, but he had no jurisdiction to change it or overrule it. Good for him--makes him seem trustworthy.

That being said, it seems that similar reasoning could allow the awful MA laws to stand, which sucks. However, there is no consitutional right to eat french fries in subway stations. So, his judgement in the french fry case does not ensure he would rule the same way in a 2nd ammendment case.

Geek with a .45 has more scraps about Robert's 2nd ammendment stance:
1) He's a member of the Federalist Society, which is promising.
2) As a dissenting minority, he supported the right to trial in a 2nd ammendment case that was recently denied by the court.

 

[Lynne]

I heard a reporter on Imus this morning who said that the libs didn't have any problem when Roberts was named, but now, since so many conservatives are coming out in support of him, they're wondering if they missed something and have now switched to the "wait and see" stance. I chuckled when I heard that.

 

[Nickle]

And you're forgetting that a few Liberals have openly said they would oppose ANYBODY Bush nominates, unless it's from their list.

 

[Lynne]

And you're forgetting that a few Liberals have openly said they would oppose ANYBODY Bush nominates, unless it's from their list.

Me forget the likes of Fat Teddy and Suck Chumer? [lol]

 

[Nickle]

Of course, you've only forgotten to MENTIONthem, I knew you couldn't forget Upchuck and the Drunk.

 

[Lynne]

Of course, you've only forgotten to MENTIONthem, I knew you couldn't forget Upchuck and the Drunk.

Okay - I'll rephrase.... With the exception of the REAL asshat libs...see above post.

 

[Lynne]

The female dog is doing her best to look like she's in the center...yup,, she's gonna run for pres. [roll]

http://www.drudgereport.com/flash3hcr.htm

 

[KMaurer]

The female dog is doing her best to look like she's in the center...yup,, she's gonna run for pres. [roll]

http://www.drudgereport.com/flash3hcr.htm

Now that was a nasty thing to say. My dog really took it as an insult, and will probably never speak to you.

Ken

 

[Lynne]

The female dog is doing her best to look like she's in the center...yup,, she's gonna run for pres. [roll]

http://www.drudgereport.com/flash3hcr.htm

Now that was a nasty thing to say. My dog really took it as an insult, and will probably never speak to you.

Ken

My sincerest apologies to all four legged and furry females out there. I meant it in the most unflattering of terms, however, being a mod I kinda have to behave a bit....at least now and then.

 

[Nickle]

It's good to see Billary do the right thing. Hell, if she can genuinely change her ways to do more "right things" (never happen, IMNSHO), she may turn out all right.

I'm not advocating Billary for Pres, but the truth is that there's worse out there.

 

[KMaurer]

... but the truth is that there's worse out there.

Well, that's certainly the impression she want's to create.

Ken

 

[Lynne]

... but the truth is that there's worse out there.

Well, that's certainly the impression she want's to create.

Ken

And that's ALL it is - an impression. She's like Tammy Fay Baker <whatever her new name is> - as soon as she gets elected, all that make up comes off and you see the true horror of what it was hiding.

 

[Nickle]

Oh, Lynne, dear, I'm sure her real personality will come out, IF she ever get's elected to Pres. I doubt that will ever happen, and just have to believe that she knows it. Unlike Kerry, Billary isn't so stupid that she doesn't know what people really think of her.

 

[Lynne]

Oh, Lynne, dear, I'm sure her real personality will come out, IF she ever get's elected to Pres. I doubt that will ever happen, and just have to believe that she knows it. Unlike Kerry, Billary isn't so stupid that she doesn't know what people really think of her.

That's true. She's had so many episodes of outbursts that have been caught on tape she'd never be able to explain them fully. She'd also put herself on the line of having to answer how come the paperwork was found in her sitting room after not being able to find them before (yeah, right). She's not stupid by any means, but she really does believe that the sheeple will forget all the past stuff because she's just so wonderful and caring...and after all, she was a woman wronged by her hubby. [roll]
Pardon....I feel a gag reflex coming on...

 

[Nickle]

I really don't buy her believing the sheeple will forget. What she's counting on is making the sheeple think she's changed her ways. She's forgetting that this isn't the 80's or 90's anymore. The Internet brings up all your past discretions, and Google finds the info. Most people don't really fully believe the big media anymore, since they've been caught distorting the truth. The faulty reporting of the Iraq war is a big faux-pas by the big media. When a little state like Vermont has about 1 in every 250-325 residents (ALL residents, 0-120, male and female) deployed, or been deployed in the last 3 years, it's hard to get us to believe a lie, when a friend or relative says it's a lie, and they were there.

 

[KMaurer]

Unlike Kerry, Billary isn't so stupid that she doesn't know what people really think of her.

And unlike her husband, she doesn't give a tinker's dam, as long as she wins.

Ken

 

[Nickle]

I don't think Slick Willie was ever worried about what people thought of him. He was morally challenged, IIRC.

 

[KMaurer]

No, he really does care. Some of the advisors during his administration admitted that the most important thing was to be the very last person to talk to him before he made any public appearance, because whenever anybody talked with him on an issue he tried so hard to get on their good side that he'd inevitably walk away agreeing with them on most everything. Pretty typical behavior for people who grow up in homes like his. They've got to have everybody liking them, no matter what they have to do or say, or how far into unreality they have to retreat in order to believe it.

Ken