Supreme Showdown. Get the Kids Inside.

Supreme Showdown -- Get the Kids Inside

The U.S. Supreme Court is expected to issue a ruling on District of Columbia v. Heller  tomorrow or Thursday, a case appealing the overturn of the firearms control laws of Washington, DC. The justices are probably not reading the new report issued by the Children’s Defense Fund. Sources say they are waiting for Justice Scalia to finish writing the Plurality Opinion, which means that other justices are writing opinions on other sections of the ruling.

I don’t suppose Mr. Scalia cares what George Washington wrote about well-regulated militias, but the case isn’t about that. It is about the firearms control laws of the District of Columbia.

It is certain that whatever the opinions read, they mean the elected representatives of the citizens of the District of Columbia will have to drop what they are doing and vote on some new firearms control laws that comply with the new rulings yet preserve what public safety we can expect, surrounded as we are by two gun-happy states.

The old law won’t just evaporate over the weekend, the D.C. Government certainly has contingency plans ready to to roll out, and there are plenty of lawyers in this town who will gladly help.

Tomorrow, keep your eye on SCOTUSblog. And if the Court keeps you waiting, read that Children’s Defense Fund report and a couple of interesting pieces on handguns: An Inside Take on the Right to Bear Arms by Joseph H. Cooper and this article by Harry Jaffe.

Image: Children’s Defense Fund.

5 Responses to “Supreme Showdown. Get the Kids Inside.”

  1. straightrecord Says:

    actually, the case is all about militias. that’s the core of the meaning of the second amendment. check out the whole argument, and even how to read scalia’s vote on the issue on straightrecord’s blog or at http://www.straightrecord.com. you’ll not read a better explanation of the issue in the next few days

  2. Mike Licht Says:

    Straightrecord:

    If the case is all about militias, then it should be thrown out of court. Why? The District of Columbia’s militias — in contemporary terms, its National Guard units — are permanently federalized and have absolutely no local jurisdiction.

    National Guard units elsewhere are under control of the state executive branch and can respond to local conditions until the U.S. President calls them up to defend the country. Not in DC.

    This is not the place to contest any Constitutional issues regarding militias since the District has been stripped of its militias by the Federal government.

    Please spare me any extra-legal cowboy-fantasy theories about “all able-bodied males” yadda yadda. Pure nonsense.

    See https://notionscapital.wordpress.com/2007/11/13/dc-gun-fight-bad-terrain/

  3. straightrecord Says:

    that’s a d.c. issue, but the issue before the court is much broader than that, as you know. it is a case of militias nonetheless, and the issue you point out could be the cop out the court takes. if it does, that would leave the 1939 opinion backing the militia connection still in effect. d.c. does have a national guard and its armory is out by the old rfk stadium. and, as you know, it has been assigned to activity in non-federal areas of d.c. now and then. i remember it tooling around right after 9/11. now, whether d.c.’s is under control of the feds or the d.c. government is a matter that can’t be cleared up until d.c. has voting representation in that same federal government. i hope your stance has been in favor of that over the past decades of efforts to make it happen.

  4. Mike Licht Says:

    To repeat: The DC National Guard and DC Air Guard are not controlled by the DC Government but are under Permanent Federal control and have been for decades.

    These are our fellow DC citizens; they serve and die in Iraq, but they cannot defend their neighbors here at home without directives from the Federal Government. That is a Constitutional issue.

    The laws voted by the elected representatives of the citizens of Washington, DC for their own safety are attacked by forces from other jurisdictions on trumped-up legal grounds. Don’t tell us it will strengthen our militia — our men and women serve and die abroad but are not allowed to serve their fellow citizens at home like other National Guard troops.

  5. DC Dodges the Bullet — For a Day « NotionsCapital Says:

    […] of the Unites States has failed to issue an opinion on District of Columbia v. Heller today, as expected. Either Justice Scalia is a very slow writer or members of the Court still cannot decide which […]

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