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Author Topic: I Can Has Incorporation  (Read 24226 times)

Scout26

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I Can Has Incorporation
« on: June 03, 2010, 02:43:41 PM »
IIRC correctly from Heller, Scalia was, at about this point in the wait for a decision to be published, the only Justice not have "turned in his homework", as you put it.   

So my question is:  Is there any Justice who has "not turned in their homework" yet the session ??  And if so, which one, as this may give us a "read" on the decision......

Thanks !!
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #1 on: June 06, 2010, 05:26:47 AM »
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Scout26

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #2 on: June 06, 2010, 04:59:42 PM »
Quote
Double checking my count, I found I missed one that was written by Justice Breyer. That makes the count 7 decided out of 13.

Writing two opinion apiece from that sitting: Kennedy, Sotomayer.

Writing one each: Stevens, Scalia, Breyer.

Not having released one yet: Thomas, Ginsburg, Alito, Roberts


That's 3 out of 4 potentially for our side that haven't "Turned in their homework".
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Scout26

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #3 on: June 19, 2010, 07:02:57 PM »
From the above site.
Quote
More reading of tea leaves
Posted by David Hardy · 14 June 2010 03:34 PM
As I noted during the last such exercise, the Supreme Court considers each two-week session of oral arguments a “sitting,” and the custom is that each Justice (if at all possible) gets to write at least one opinion from each sitting.

McDonald was heard during the sitting of February 22. That sitting had 13 cases, one of which was dismissed after it settled. As of today, from that sitting, Sotomayor, Kennedy and Breyer have written two opinions apiece, and Stevens, Scalia, and Thomas have written one.

That leaves three opinions to be written, and three Justices to write them: CJ Roberts, Ginsberg, and Alito. Hmm... first incorporation case in thirty years or so, perhaps most interesting case of the Term, likely to wind up in all the Con Law casebooks ... I suspect CJ Roberts may keep this one for himself.

Other than McDonald, the two remaining cases from that sitting are Skilling v. US, (prosecution for “theft of honest services” – interpretation, void for vagueness, and prejudicial publicity issues) and Holder v. Humanitarian Law Project (1st Amendment challenge to statute forbidding providing service, training or assistance to organizations listed as foreign terrorist groups).
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vaskidmark

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #4 on: June 24, 2010, 01:24:20 PM »
The decisions for today are out.  No McDonald, and it looks like Scalia is writing it, according to SCOTUSBlog.

Anybody want to guess how far it will go beyond what they did to D.C, in Heller?

Anybody got some spare valium?

stay safe.
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Scout26

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #5 on: June 24, 2010, 04:11:00 PM »
Machine Gun Sammy Alito is on the only justice that hasn't written in that sitting.... =D =D =D
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Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.

RevDisk

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #6 on: June 24, 2010, 04:21:18 PM »
SCOTUSBlog says "Monday will be guns and Bilski."

Gah!   Now I have to wait an entire weekend!


Edit:  It is expected to be issued Monday at 10:00, written by Alito or Roberts.  Mind, "expected", not "is"
« Last Edit: June 24, 2010, 04:49:30 PM by RevDisk »
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El Tejon

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #7 on: June 24, 2010, 04:21:43 PM »
My guess:  the Chief Justice is on this.  He wants to box everyone else out and ensure that due process is the only avenue and privileges and immunities is banished forever.
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #8 on: June 24, 2010, 04:22:28 PM »
I'll be over here trying not to hyperventilate
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #9 on: June 24, 2010, 04:32:26 PM »
Quote from: El Tejon on June 24, 2010, 04:21:43 PM
My guess:  the Chief Justice is on this.  He wants to box everyone else out and ensure that due process is the only avenue and privileges and immunities is banished forever.

It's what I'm wondering.

I've been trying to figure out if P&I is the Libertarian wet dream Gura seems to think it is, or if it's opening the door to the entire Left of the political spectrum to invent every "right" they want. From some, that don't bother me at all, like "Gay Marriage", to others, like the "right of a street sweeper's family to have as much income as a brain surgeon's" etc. etc. etc. that will slowly make "Harrison Bergeron" a reality.  =|
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #10 on: June 24, 2010, 04:41:52 PM »
What AJ said. I'm so nervous...
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #11 on: June 24, 2010, 04:48:21 PM »
Quote from: Balog on June 24, 2010, 04:41:52 PM
What AJ said. I'm so nervous...

Well, with the 2A rolled into all of that, worse comes to worse, we can "get all shooty" on them as a last resort.  =D

Politely of course.
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #12 on: June 24, 2010, 04:59:42 PM »
Quote from: AJ Dual on June 24, 2010, 04:48:21 PM
Well, with the 2A rolled into all of that, worse comes to worse, we can "get all shooty" on them as a last resort.  =D

Politely of course.

You'd think we'd get credit for, you know, having a couple hundred million firearms, billions of rounds, etc and not generally using them in anger. 
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #13 on: June 24, 2010, 05:09:54 PM »
Quote from: RevDisk on June 24, 2010, 04:59:42 PM
You'd think we'd get credit for, you know, having a couple hundred million firearms, billions of rounds, etc and not generally using them in anger.  



We'll just have to be careful to use them with a sense of wistful resignation then. Lest things get out of hand.
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #14 on: June 24, 2010, 05:23:50 PM »
^^^^^^^^^^^^^
 =D :angel: :lol: [popcorn] [popcorn] [popcorn]

IDK if I'm on tenter hooks ( IDK what they even are) or if I have baited breath
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #15 on: June 24, 2010, 06:28:53 PM »
tenterhooks - keeps you from shrinking as you dry, if you are wool being processed into felt.  http://en.wikipedia.org/wiki/Tenterhook

bated (not baited) breath - http://en.wiktionary.org/wiki/with_bated_breath . (unless of course you are trying to catch something with your garlic breath)

And what's this chatter about Alito or Roberts?  Don't you trust SCOTUSBlog?

The discussions are getting to be all over the place.  Best I've heard is the opinion will read something along the lines of: "see Heller - what it says.  But with strict scrutiny, all deliberate speed, and yes it's a privilege as well as a right."  What a dreamer!   

[popcorn]

stay safe.
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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #16 on: June 24, 2010, 06:41:01 PM »
Quote from: RevDisk on June 24, 2010, 04:21:18 PM
SCOTUSBlog says "Monday will be guns and Bilski."

Gah!   Now I have to wait an entire weekend!

Yeah.  However, I expect them to get the guns decision right and the Bilski decision wrong.
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MicroBalrog

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I Can Has Incorporation
« Reply #17 on: June 28, 2010, 10:08:32 AM »
McDonald is out. Five Justices are for incorporation, 4 on the basic of DP (eww), and one (Clarence Thomas) based on P&I.
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makattak

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Re: I Can Has Incorporation
« Reply #18 on: June 28, 2010, 10:09:32 AM »
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I wish the Ring had never come to me. I wish none of this had happened.

So do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given to us. There are other forces at work in this world, Frodo, besides the will of evil. Bilbo was meant to find the Ring. In which case, you also were meant to have it. And that is an encouraging thought

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Re: I Can Has Incorporation
« Reply #19 on: June 28, 2010, 10:12:13 AM »
What is the immediate practical effect in Chicago/Cook County?
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makattak

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Re: I Can Has Incorporation
« Reply #20 on: June 28, 2010, 10:13:06 AM »
Quote from: Ron on June 28, 2010, 10:12:13 AM
What is the immediate practical effect in Chicago/Cook County?

Remanded to 7th circuit for final adjudication, under incorporation of the Second Amendment against the states.
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I wish the Ring had never come to me. I wish none of this had happened.

So do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given to us. There are other forces at work in this world, Frodo, besides the will of evil. Bilbo was meant to find the Ring. In which case, you also were meant to have it. And that is an encouraging thought

KD5NRH

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Re: I Can Has Incorporation
« Reply #21 on: June 28, 2010, 10:15:04 AM »
Quote from: Ron on June 28, 2010, 10:12:13 AM
What is the immediate practical effect in Chicago/Cook County?

Hopefully, depression severe enough to cause a plethora of resignations.

Realistically, probably sufficient hubris to try and flout the ruling.
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RevDisk

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Re: Hey, El Tejon I've got a McDonald v Chicago Question
« Reply #22 on: June 28, 2010, 10:19:12 AM »
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

"The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States."
« Last Edit: June 28, 2010, 10:30:02 AM by RevDisk »
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RoadKingLarry

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Re: I Can Has Incorporation
« Reply #23 on: June 28, 2010, 10:19:21 AM »
Quote
What is the immediate practical effect in Chicago/Cook County?

Even more contortions to try to get around it than what we saw and continue to see in DC.
And, years of court battles to refine the level of infringement allowed.
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Re: I Can Has Incorporation
« Reply #24 on: June 28, 2010, 10:31:47 AM »

I am getting hammered!
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