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It'll be interesting to see the legal contortions the AGs office puts itself though in order to oppose the motion.
Bravo! This a is a good read, and not too difficult to get through even if you've never read one of these things before.On Wednesday we filed our Motion for Summary Judgement.
Oh that's an easy one: "We don't encourage self-help in this state."
The chances appear remote that this amendment will ultimately be read to control the States, for unlike some other provisions of the Bill of Rights, this is not directed to guaranteeing the rights of individuals, but rather, as we have said, to assuring some freedom of State forces from national interference.
-Commonwealth v. Davis, 1976 SJCShould the amendment perchance be held in the future to restrain the States in some fashion, one would suppose that the States' regulatory authority would remain.
Put this in perspective a little bit. Both Heller and McDonald were 5-4 decisions (McDonald was actually a 4,1-4 decision, but that's besides the point), with the dissenting justices holding the opinion that the Second Amendment does NOT protect an individual right unconnected to service in a militia. Much of the federal judiciary and most Democratic politicians also believe that the Supreme Court got it wrong. The opinion is particularly strong in Massachusetts where we have a 41 year legal history that says the Second Amendment does NOT protect and individual right:
-Commonwealth v. Davis, 1976 SJC
So the Commonwealth has, and will continue to, try and contain the scope of the Second Amendment. In the past they've described it as a limited right, like a "Venn Diagram", covering the intersection of handguns and homes. They'll continue to refer to the Second Amendment as a 'limited' right and the question of what constitutes bearable arms and 'novel'.
Don't be shocked when your oral arguments go Heller-well and you still get denied summary judgement.
I've seen cases that were so slam-dunk as to make your head spin. And the judge saying, "Well, I don't think SJ will suffice - we need to hear this out in court."
Worst was a former client who was willed the next-door neighbor's house. Will was written a decade prior to death, specifically excluded estranged daughter and gave everything to client. Client spent YEARS caring for the neighbor's property and the elderly neighbor. They had no idea they'd been named as beneficiary.
Daughter, after death, comes looking for house and sues.
The will was 100% air tight. Judge ignores summary judgement and eventually strong-arms client into paying her off in a settlement.
Judge was a class-A D. Depending on how the judge feels, law and Constitution and the like are irrelevant.
Don't you mean removed from the bench and tarred and feathered?These kinds of judges need to be removed from the bench and disbarred for life.
Pretty much. But this obstructionism isn't limited to Massachusetts. There's been a full-on anti-2A revolt in the lower courts across the country who, more often than not, have failed to treat the Second Amendment as a 'normal' right. Take for instance Ninth Circuit Judge Kozinski's 'rumination' in Fisher:How can they do this with a straight face after the Heller and McDonald cases? Does Mass pull this crap because until Comm2A, no one fought back?
.In other contexts, we don’t let constitutional rights hinge on unbounded discretion; the Supreme Court has told us, for example, that “[t]he First Amendment prohibits the vesting of such unbridled discretion in a government official.” Despite what some may continue to hope, the Supreme Court seems unlikely to reconsider Heller. The time has come to treat the Second Amendment as a real constitutional right. It’s here to stay
This sounds like a state court, not a federal judge. We have a good judge in this case.These kinds of judges need to be removed from the bench and disbarred for life.
We're in it for the long haul. Whatever you think of Donald Trump, just be glad that Hillary Clinton isn't filling any of the more than 100 open positions on the federal judiciary.
"We're in it for the long haul. Whatever you think of Donald Trump, just be glad that Hillary Clinton isn't filling any of the more than 100 open positions on the federal judiciary. "
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Trumps election proves there is a God and he hates liberals. HA!HA!
I hope every judge he finds is another Scalia!!!!!!!
Scalia had a big love for "law-and-order" though. He was good on 2A, but he let his conservative biases influence his "originalism" on plenty of other issues.
*****This, we need judges that are Pro2A but would vote against garbage like Civil Asset Forfeiture, or crap like eminent domain, etc.
-Mike
So in summary, we need pro-freedom judges.This, we need judges that are Pro2A but would vote against garbage like Civil Asset Forfeiture, or crap like eminent domain, etc.
-Mike
Nope, just judges who can read and interpret the original meaning and language of the constitution, and any other laws, as written at that time. Unfortunately, too many of them interpret it with current meanings of words, which have drastically changed.
Active Liberty[FONT=&] set out six basic elements to consider in interpreting the Constitution or a statute: its [/FONT]language[FONT=&] and structure; [/FONT]history[FONT=&] showing what the words meant to the lawmakers who wrote it; [/FONT]tradition[FONT=&] telling how the words have been applied in the law; judicial [/FONT]precedents[FONT=&] interpreting the law; its [/FONT]purposes[FONT=&], or the values it embodies; and its [/FONT]consequences[FONT=&], or impact. “Some judges,” he wrote, “emphasize the use of language, history, and tradition,” like Antonin Scalia. “Others emphasize purpose and consequence,” like him. “These differences matter.”[/FONT]
Yesterday the Attorney General filed her Cross Motion for Summary Judgement. Enjoy
Yesterday the Attorney General filed her Cross Motion for Summary Judgement. Enjoy