Supreme Court to Hear Gun Case

From BBC: The US Supreme Court is to consider an American’s right to bear arms for the first time in nearly 70 years.

It has agreed to rule on whether a ban on handguns by the city of Washington, DC complies with the Second Amendment of the US Constitution. The US capital has banned handguns since 1976. The case is expected to be heard next spring, with a ruling in summer, and therefore could influence the presidential election in November.

A lawyer for [Plaintiff] Mr Heller and other Washington residents said: “We believe the Supreme Court will acknowledge that, while the use of guns can be regulated, a complete prohibition on all functional firearms is too extreme. “It’s time to restore a basic freedom to all Washington residents.” Washington council maintained: “Whatever right the Second Amendment guarantees, it does not require the district to stand by while its citizens die.” Read the story here.

Hmmm, this should be interesting. The politics of gun regulation in an election year. Not to mention, if the SCOTUS follows it’s usual path and rules for big business, beaucoup more guns in the general vicinity of Congress. Any bets?

CERTIORARI DENIED

06-1613 EL-MASRI, KHALED V. UNITED STATES

Khaled is a German national who was abducted, sent to a secret prison and tortured by the CIA.

He sued for damages, and the Administration responded with a request to have the case dismissed, citing “State Secrets.” The courts, including the Supreme Court agreed.

This means that if you, or I, or anyone were abducted and tortured by our own government, all the government has to do is plead “State Secret” and we will never see the inside of a courtroom. To fully appreciate the depth of support for this doctrine, you must realize that it takes only 4 votes on the Supreme Court to grant certiorari. Thus one or more of the “liberal” block on the Supreme Court decided in favor of the Administration’s claim of privilege.

We are indeed embroiled in a War on Terror, and our own Government is the Terrorist.

Consider, too, that the only recourse is through the election process, a process wholely owned by the wealthy class. Our elections are not free and fair, and our government operates outside the rule of law.

Under these circumstances, any notion of Constitutional Rights is purely illusory.

The 4th Amendment no longer applies to any of us:
The Government can wiretap without warrants, and claim “State Secrets.”

The 5th and 6th Amendments no longer apply to any of us:
The Government can kidnap, and claim “State Secrets.”

The 8th Amendment no longer applies:
The Government can torture, and claim “State Secrets.”

SCOTUS Won’t Hear Birth Control Case

Via Think Progress:

By MARK SHERMAN
Associated Press Writer

WASHINGTON (AP) – The Supreme Court on Monday declined to enter a church-state dispute over whether some religious organizations can be forced to pay for workers’ birth-control health insurance benefits, a growing trend in the states.

The court let stand a New York court ruling upholding a state law that forces religious-based social service agencies to subsidize contraceptives as part of prescription drug coverage they offer employees.

Read the rest of the story here.

New Supreme Court Term Begins Today

From BBC News:

As the US Supreme Court begins a new term, it promises once again to become the stage where America’s ideological battles are played out.

The cases the nine justices have picked to consider range from the use of lethal injection to voter ID laws and the legal rights of detainees at Guantanamo Bay.

The right of Americans to bear arms could also be examined for the first time in decades, if the court decides to hear two cases relating to gun control laws in Washington DC.

With close votes expected on all these issues, observers will be watching keenly to see if the court maintains the shift to the right seen in the last term.

Read the rest of the story here.

Let’s see how the Constitution fares, shall we?