Quote of the Day

From the Juliet Leftwich (great name for a gun grabber, isn’t it?) lead counsel for Legal Community Against Gun Violence:

“We are concerned the resources are going to be diverted to the defense of laws already on the books”

That’s music to my ears.  Welcome to the post Heller world!

Gun Rights and Property Rights

Ilya Somin has a sobering post comparing gun rights to property rights:

With very few exceptions, the effort to strengthen protection for property rights was categorically opposed by the Court’s liberal justices. Any property rights case that got to the Court almost starts with four guaranteed votes in favor of the government. This has two important effects.

First, any division in the ranks of the conservative justices is likely to be fatal for property rights in the case at issue. For example, Justice Anthony Kennedy voted with the liberal justices in Kelo and several other important property rights cases, leading to important setbacks for property supporters.

This is why we must vote McCain to keep Obama out of the oval office.  McCain is far from perfect, but neither were the two Bush’s, which we would be facing a loss on Heller had it not been for electing them.

As with property rights, the ideological division on the Court also leaves any gains vulnerable to future reversal in the event that a Democratic president is elected. The liberal justices’ opposition to gun rights is also shared by the vast majority of liberal judges on the lower courts. If Obama (or any other Democrat) becomes president, they will likely appoint justices who share these views. Even if Obama does not make this issue a major priority in his nomination decisions, the fact that he will want to nominate justices who are liberal on other constitutional issues will ensure a strong likelihood that they would also embrace the dominant liberal position on this issue. This happened in the case property rights as well. Opposition to property rights was probably not a major factor in Clinton’s choice of Ginsburg and Breyer. Indeed, Clinton was among those who later vehemently denounced the Kelo decision. Nonetheless, these two justices turned out be property rights opponents (even in Kelo) precisely because Clinton did make a priority of appointing judges who are generally liberal, and such judges are likely to be anti-property rights.

Seriously, McCain sucks, except for the alternative.  Let’s not get complacent here, or this day will be all for naught.

At Least They’re Honest

The Chicago Tribune says we would repeal the second amendment.   I propose we repeal the first amendment, but only as it applies to the Chicago Tribune!  Piss on my rights, I piss on yours.  It’s a simple equation.  We have to respect each others rights, otherwise this grand 232 year old experiment is finished.  Think about it.

Hat tip to Keyboard and a .45

Dipshits from Our Side

The Virginia Gun Owners Coalition, has a different take on Heller.   Let me take the chance to just throw this out there: these guys are a bunch of angry fucking idiots, and basically aren’t helping the cause one god damned bit. Got that?

This is a triumphant day.  A key argument of the anti-gunners, which is that the second amendment does not protect any right is now history.  The Court has left the door open for other battles.

Also, I have to ponder about the dichotimty of criticizing the National Rifle Assocation for trying to derail the case in the first place, and then criticizing them for the result.  Pick one or the other guys, or I’m just going to conclude you’re just out to piss on everything, and I’m fucking tired of it.

And whether they want to admit it or not, if it weren’t for the election of George W. Bush, we would not have any victory here.  We’d now be facing the second amendment being effectively gone.  George W. Bush, who endorsed renewing the assault weapons ban upon his election.  George W. Bush, who’s solicitor general argued against us.  George W. Bush, who nominated Maximum Mike Suillivan to be head of ATF, and has stood by him throughout everything.  This goes to show how history can act through imperfect men.  Because when it came down to what’s really important, Bush was good enough.  Really two Bushes were good enough if you consider Clarence Thomas.

That’s what a lot of gun rights activists fail to understand, and fail to appreciate, and why I’m suggesting we elect another imperfect candidate to succeeed George W. Bush, in the form of John McCain, because we simply can’t afford Barack Hussein Obama appointing the next several justices.  We know that Obama will nominate justices who would be willing to overturn Heller.  That’s not even a debate; he will do it.

So bitch and moan things didn’t go 100% your way.  I’m tired of being angry.  It’s time to cut that crap out and make a difference.

Mayor Nutter Responds to Heller

He says that law evolves, but he also says:

“What we’re seeing on the streets of Philadelphia is not self-defense. It is sensless violence and slaughter.”

Nutter says it’s not lawful ownership but illegal activity that is the source of the gun violence in the city.

Really?  Because my friend might have a different view on this one.  Sorry Mayor, just because your lapdogs in the media aren’t reporting cases of self-defense against the criminals whom you have allowed to run amok, doesn’t mean they aren’t happening.

Defeating Stereotypes

Let’s defeat some stereotypes about the backgrounds the kind of people who support gun rights come from.

  • Our Heller opinion writer, Justice Scalia, is the son of Italian immigrants.  Born in Trenton, New Jersey and raised in New York City, and graduated from a Roman Catholic High School.  Graduated summa cum laude from Georgetown, and went on to Harvard Law School.  He was nominated to The Court by Ronald Reagan.
  • Joining in the opinion is fellow Italian-American, Justice Alito, who was also born in Trenton, New Jersey, and raised in Hamilton Township, just outside of Trenton.  He attended Princeton University, and Yale Law school.  He is a Roman Catholic.  He was nominated to The Court by George W. Bush.
  • Justice Kennedy comes to us from the number one Brady ranked state of California.  He attended Stanford University, with his law degree coming from Harvard.  He is also, along with our previous two justices, a Roman Catholic.  He was nominated to the Ninth Circuit Court of Appeals by Gerald Ford, who also nominated Justice Stevens to the Supreme Court.  He was nominated to the Supreme Court by Ronald Reagan.
  • Justice Thomas is from Georgia.  In addition to being an African-American, he is also a Roman Catholic.  He attended the College of the Holy Cross in Worcester, Massachuetts, and helped found the Black Student Union at that school.  He went on to Yale Law school.  He was put on the Supreme Court to fill the vacancy left by Thurgood Marshall b George H.W. Bush.
  • Chief Justice Roberts was born in Buffalo, New York.  He is Czech on his maternal side, and his father was an executive with Bethlehem Steel.  The Roberts family grew up in Indiana.  He attended a Catholic boarding school in LaPorte, Indiana, and attended Harvard College, and eventually went on to Harvard Law.  After serving as Deputy Soliciter General in the first Bush Administration, he was appinted by the same administration to the D.C. court of appeals, and finally the Chief Justice by the second Bush Adminsitration.   He is a Roman Catholic.

The backgrounds of these men are as varied as one can imagine, except for the fact that they are all Roman Catholic.  Alito and Scalia have chewed much of the same ground I have.  I live ten minutes away from Trenton, and grew up not far from here.  This is the last place you’d imagine that two out of the give majority justices would be from, but there you go.

How We Celebrate

I gave Bitter a hard time for drinking her champagne out of a beer glass, but when we celebrate, we celebrate big.

Heller Celebrations

You will notice that we are using founding father glassware, if you zoom in to the full picture.  My glass is a Thomas Jefferson’s Monticello snifter, and Bitter’s is a James Madison beer glass.  I think both gentlemen would be proud that we have not completely forgotten them, and the instrument they created.

In addition to the drinks, Bitter prepared a lovely Italian dinner, in honor of Justice Scalia, complete with cannollis.  I honor Justice Kennedy merely by being Irish.  For Chief Justice Roberts, the last new shooter I took to the range was a Roberts.  And for Justice Alito, well, he’s another Italian! I’m still trying to figure out how I honor Justice Thomas.

Making Lemonade

Bryan Miller isn’t too displeased with the ruling.  I don’t know why, because as the hottest selling target rifle in country today, it’s hard for me to see how the AR-15 doesn’t pass the “common use” test, but they are banned in New Jersey.  Nor do I see how New Jersey’s licensing restrictions, which I do believe meet the definition of “arbitrary and capricious”.

Mr. Miller has won no victory here.  You can bet that New Jersey’s licensing scheme will be under the gun in future cases.  It’s “assault gun” ban definitely will be at some point.  One has to imagine unless Justice Scalia penned the opinion “MACHINE GUNS FOR EVERYONE!” they’d be declaring victory, regardless of how much of a loss it actually is.  We have lost no ground, and much of what the gun control movement has worked for is in jeapoardy.  Sure, the Supreme Court is likely to uphold challenges to the instant check system, and restrictions on felons, but I don’t think any of us thought that The Court would go that far.  Everything else is not decided.  I would not be feeling so great if I were Bryan Miller.