Re: Rick Stanley Parker Decision: Celebrate, but with Grave Concerns
- From: "David Halpern" <photonicbandgap@xxxxxxxxxxxxx>
- Date: Tue, 13 Mar 2007 09:31:58 -0700
All but 3 of the Judges on the D.C. Circuit Court of Appeals are Republican
appointees.
"Cole Firearms Inc." <colefirearms11@xxxxxxxxxxxxx> wrote in message
news:FHzJh.7826$FG1.2492@xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Rick Stanley
Constitutional Activist
E-mail: rick@xxxxxxxxxxxxxxx
We the People Scoop 3/13/07
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OPINION RELEASE: Parker Decision: Celebrate, but with Grave Concerns
----- Original Message -----
From: "JPFO Webmaster" <webmaster@xxxxxxxx>
Subject: JPFO ALERT: Parker Decision: Celebrate, but with Grave Concerns
ALERT FROM JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP
America's Aggressive Civil Rights Organization
March 12, 2007
JPFO ALERT: Parker Decision: Celebrate, but with Grave
Concerns
By now the news about the decision Parker v. District of
Columbia case has reached many gun owners and rights
advocates via Internet.
http://www.nytimes.com/2007/03/10/washington/10gun.html?
em&ex=1173758400&en=6f0dd1043eae85fb&ei=5087%0A
or http://tinyurl.com/26ow2m
In a nutshell, the United States Court of Appeals for the
District of Columbia Circuit declared the D.C. gun law
unconstitutional to the extent that the law prohibits all
firearms possession.
This decision is better news for the right to keep and bear
arms than was the Fifth Circuit's Emerson decision.
Although the Emerson case contains an excellent and correct
analysis of the Second Amendment, the decision did not
strike down any laws and the armed citizen still lost. In
this recent Parker case, the statute was declared
unconstitutional and the armed citizens won.
Our joy must be tempered by two potential factors:
(1) The losing party can petition the D.C. Circuit to
review the matter "en banc" -- which means having the
matter redecided by a panel of *all* of the D.C. Circuit
judges. The D.C. Circuit is authorized to have 12 active
judges, so if there are no vacancies, it would take only
seven judges to vote for rehearing. The only reason to vote
for a rehearing en banc would be to reverse the current
decision. It seems likely that there are seven judges on
the D.C. Circuit who would follow their political leanings
and vote to reverse.
Truth be told, it would be worse for Second Amendment
jurisprudence if the D.C. Circuit does reverse the Parker
decision, because en banc decisions of federal circuit
courts have especially strong precedential value.
(2) The losing party can petition to the Supreme Court.
They have a very slim chance of having the case heard in
the Supreme Court, but until they have filed their petition
and it has been denied, the possibility exists.
The potential results of a hearing before the Supreme Court
are highly uncertain for two reasons. First, the actual
views of the justices about the Second Amendment are not
well known. Second, the "conservative" justices on the
Court are the sort that tend to believe that, when in
doubt, local and state powers should be upheld. This
current Court has no great record of protecting individual
rights at all -- not against state legislatures. Since
the D.C. gun laws are the equivalent of state laws, we
could expect the Supreme Court to find a majority of votes
in favor of the easy way out: just support the local law,
and chalk it up to "democracy."
Between possibility (1) and (2), we far more fear (1). The
D.C. Circuit could very likely take this case en banc --
all it takes is a vote of the judges -- and this great
precedent will likely be erased and disgraced (in the eyes
of the "mainstream" judges around the country).
Nevertheless, it is wonderful news that at least two
federal appellate judges on the D.C. Circuit court can
speak the truth accurately, clearly and publicly. Looking
at both the Parker decision and the Fifth Circuit's Emerson
decision, we can now point out that our individual-rights
view is held by distinguished judges as well as by scholars
across the nation. Our position cannot be disregarded as
purely a fringe movement.
Then again, we never did quite realize why the fundamental
right to self-defense -- and the right to possess peaceably
the tools to implement that right -- should be anything
other than self-evident.
- The Liberty Crew
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Original Material in JPFO ALERTS is Copyright 2006 JPFO, Inc.
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the opinion of the editor or staff. It is shared for information
purposes only and it is recommended that you come to your own conclusions.
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Reply to: rick@xxxxxxxxxxxxxxx
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- References:
- Rick Stanley Parker Decision: Celebrate, but with Grave Concerns
- From: Cole Firearms Inc.
- Rick Stanley Parker Decision: Celebrate, but with Grave Concerns
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