Heller Decision

[Guest Abominable_Hillbilly]

Umm, they aren't on US soil, they aren't US citizens. They aren't members of a national army. They were captured on the battlefield.

So, explain to me just how they are afforded rights under the US Constitution? Per this asinine ruling, everyone in the world has rights under the US Constitution and should be brought here for trial.

They've been accused of crimes against our nation. They've been seized by our government. They're being detained at one of our military bases. By what standard should they be judged, and why?

Is there anyone here who understands habeas corpus and its history? It is NOT some unique guarantee only afforded by the Constitution of the United States of America. Simply because the branches of our government act only within Constitutional authority does not mean these detainees are receiving per se constitutional protections.

[Guest nraforlife]

Today’s Opinions | 6.19.08

NO HELLER Decision yet

Thursday, June 19th, 2008 11:09 am | Ben Winograd | Comments Off |

The Court issued opinions in five cases this morning, coverage of which was originally available on our LiveBlog. Ten opinions have yet to be decided this term. The Justices will next release opinions on Monday

Looking like last one to be released so they can get out of town before the SHTF.

Edited June 19, 2008 by nraforlife

[saintsfanbrian]

Umm, they aren't on US soil, they aren't US citizens. They aren't members of a national army. They were captured on the battlefield.

So, explain to me just how they are afforded rights under the US Constitution? Per this asinine ruling, everyone in the world has rights under the US Constitution and should be brought here for trial.

Grimel,

Sorry, US Military Bases ARE US Soil.

[Daniel]

When it comes to terrorist captured on foriegn soil while trying to kill us.... you interrogate them in the field and use whatever means necessary to find out what they know... then shoot them while they are trying to escape.

and hope they dont do the same to us when one of our men or women are captured right?

[Marswolf]

and hope they dont do the same to us when one of our men or women are captured right?

But they already do that.

[The Rabbi]

Heller will be the last decision announced. It is the biggest one for a lot of reasons.

So end of month I think.

[Daniel]

That would be an apt description of your responses.

I'll answer yours. How do I know? I dont. But there is a prima facie case that they are guilty based on the circumstances of their detainment. The soldiers at the scene thought they were guilty and that's good enough for me in this case. That isn't enough for a civilian court but we aren't dealing with civilians here. NSNate has already given reasons why that is.

Why shouldnt the gov't be required to answer a habeas corpus? As NSNate wrote, habeas is a right of citizens. These people are not citizens, they are enemy soldiers in war time. Actually they aren't even that, they are essentially spies, since they fight out of uniform, not in accord with the Geneva Convention. If we extend protections of the Geneva accord, much less rights of US Citizens, then we are fighting with one maybe two hands tied behind our back. Imagine a mujahideen bringing suit because the army used unnecessary force. Bringing suits for damages. It would make a mockery of the whole system.

OK, thats my response. Now you. Who said anything about executions? What makes you think they are being punished?

im reading through this but on this point i want to add in something.

When we would conduct a raid on an area or home/compound we would round up military age men and turn them over to MI unless we were given a specific person to look for. If they ended up being guilty or not Ill never know as we didnt get that far. Wed fill out paperwork saying where when and how they were caught then they would be interrogated. Just saying the soldiers knew or thought they were guilty isnt entirely correct.

[The Rabbi]

So that's actually even better because there was some vetting process going on.

[Guest nraforlife]

Heller will be the last decision announced. It is the biggest one for a lot of reasons.

So end of month I think.

7 - 2 or 6 - 3, I don't think it will be 5 - 4 unless the ruling is so strikingly pro 2A that the liberals on SCOTUS just can't stand it.

[The Rabbi]

That's possible. If they go all out and declare an individual right subject to strict scrutiny of all legislation then I'd be surprised to see more than a majority. I'd be surprised to see that much. We can always hope though.

[GLOCKMEISTER]

the way Kennedy has been voting lately.... who knows?

[Guest nraforlife]

The timing of opinions. There is only one decision day next week on the Court’s official calendar: Monday, June 23, when the Court’s public session will begin at 10 am eastern. However, as the Court has done for the past two weeks, it’s certain that the Court will sit on one or more additional days later in the week. Based on past practice, if the Court holds one additional opinion day, it will likely be the Thursday (June 26) as it did last Term. If it holds two additional opinion days (which is more likely, given that ten opinions remain), the added days will likely be Wednesday (June 25) and Thursday (as it did in the 2005 Term).

(Of course, the Court isn’t required to finish by June 26, but it has concluded the Term before July every year for the last decade. Monday June 30 is also a possible last day, but is unlikely because the Court internally plans on finishing each Term during the fourth week of June.)

[The Rabbi]

Decisions released today and Heller was not among them. I guess they will be adding extra days. There were 10 decisions to be released and only 3 were.

[Guest PapaB]

They said they'd release more decisions on Wednesday the 25th. With 7 still to go, Heller probably won't be one of them. I hope it'll be no later than Thursday, though they could hold it till the Fall.

[BryanP]

Nothing today, but on Scotusblog we find this bit of encouraging news:

It does look exceptionally likely that Justice Scalia is writing the principal opinion for the Court in Heller – the D.C. guns case. That is the only opinion remaining from the sitting and he is the only member of the Court not to have written a majority opinion from the sitting. There is no indication that he lost a majority from March. His only dissent from the sitting is for two Justices in Indiana v. Edwards. So, that’s a good sign for advocates of a strong individual rights conception of the Second Amendment and a bad sign for D.C.

[The Rabbi]

Scalia is easily the smartest justice on the court. And a strong pro gun person, is just my guess. He at least owns guns.

[Guest nraforlife]

Scalia is easily the smartest justice on the court. And a strong pro gun person, is just my guess. He at least owns guns.

7 - 2 decision possibly

[The Rabbi]

7 - 2 decision possibly

That's actually a bad sign. A 7-2 would mean they had to build consensus by compromising. That would mean an affirmation of an individual right, but not much more than just striking down the outright ban. It would leave virtual bans, like in NYC, intact.

[Fallguy]

Scalia is easily the smartest justice on the court. And a strong pro gun person, is just my guess. He at least owns guns.

+1 on Scalia

At first I was upset that he wasn't picked for Chief Justice, but since then some have pointed out with Roberts being so young just how long he will not only be on the bench but be there as Chief Justice.

[G27]

Is today the day? I guess we'll know in about 10 minutes...

[The Rabbi]

Is today the day? I guess we'll know in about 10 minutes...

Seven decisions to go. I would say no. It is the most watched decision probably since Brown. I think they will schedule an additional day just for that.

I could be wrong.

Also notice the little poll going on at scotusblogspot. Over 90% of the people think DC's ban will be struck down.

Edited June 25, 2008 by The Rabbi

[G27]

DC vs Heller - not today, though we'll know in a few minutes if tomorrow will be the last day or if they'll add one more.

Four decisions today (three left), so unless Scalia needs more time, I imagine we'll see it tomorrow...

[Guest PapaB]

All remaining decisions will be released tomorrow per Chief Justice Roberts.

Edited June 25, 2008 by PapaB

[G27]

All remaining decisions will be released tomorrow per Chief Justice Roberts.

Nice!

[Fallguy]

Bet ya D.C. has Open Carry without a permit by the end of the year....

Ok...ok...one step at a time...lol