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Liberals Use Supreme Court Gun Case to Bolster Other Rights

Discussion in 'Legal & Political Archive' started by Bend, Mar 4, 2009.

  1. Bend

    Bend Central OR Member

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    Tony Mauro
    02-24-2009

    The Supreme Court's 2008 ruling in D.C. v. Heller was a constitutional earthquake, breathing life into the Second Amendment as a guarantee of an individual right to bear arms.

    But the aftershock of that decision is beginning to transform the constitutional landscape well beyond gun rights, in ways that have liberals cheering and even joining hands with one-time adversaries like the National Rifle Association.

    In a follow-on case pending before the 7th U.S. Circuit Court of Appeals, a progressive legal group and liberal law professors including Yale Law School's Jack Balkin earlier this month joined gun-rights advocates in urging that the right established in Heller, which involved only the District of Columbia, be extended to apply against gun restrictions in the 50 states. The case is McDonald v. Chicago, a challenge to that city's strict gun control law and, no matter what, the outcome is likely to be appealed to the Supreme Court.

    But these academics and the liberal Constitutional Accountability Center, which filed a brief in the case, have not suddenly taken up the Second Amendment cause, Charlton Heston-style. Rather, they joined the case to urge the court to adopt a new way of making the rights protected by the federal Constitution apply to the states (a process known as "incorporation").

    More...
     
  2. RainbowBob

    RainbowBob North Seattle Member

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    Look - up in the sky - flying pigs!!


    This just in: Ice-skating rink opens in hades!!
     
  3. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    Yes folks, the P&I clause is going to be quite an interesting little bird. No more "rational basis" in terms of dealing with state gun laws.
     
  4. fingolfen

    fingolfen Oregon Member

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    On the surface at least it seems like an extension of the philosophy "if the Second Amendment isn't safe, then none of the other ones are either".
     
  5. AGCR

    AGCR SE Portland Active Member

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    Nice...
     
  6. Rackir

    Rackir Gresham, or Member

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    It's good see some other liberals (yes, I call myself a liberal) come to the realization that the RTKBA falls under personal freedom and as such should be defended along with the others.
    I swear the political divide we see has become damn near childish. It's like every subject that comes up needs to be divided between the parties (You're for dinner before 8 o'clock? Well fine, then we're going to be against dinner before 8 o'clock! So there!). Youd think at some point the powers that be in each one would just realize that some things are right and can actually (gasp, faint) be AGREED UPON.
     
  7. RainbowBob

    RainbowBob North Seattle Member

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    "Why Liberals Should Love the Second Amendment"

    http://www.dailykos.com/story/2008/4/21/19133/5152

    This is perhaps the best defense of the Second Amendment I've ever read. Written by a self-described liberal and published on the liberal blog, The Daily Kos. It's kind of long, but worth the read.
     
  8. AGCR

    AGCR SE Portland Active Member

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    Yeah, that's pretty good. I've been saying for quite awhile, liberals and leftists are the future and best hope for the gun rights movement.
     
  9. RainbowBob

    RainbowBob North Seattle Member

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    Aren't you supposed to use those winky-smiley doo-hickys when you write things like that?
     
  10. emanon

    emanon SE Portland, Oregon Member

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    Agreed, though I think you should add other folks who don't often feel comfortable in todays "gun culture" such as most women, people of color, non-hetero folks, etc.:thumbup:
     
  11. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Redundant
     
  12. emanon

    emanon SE Portland, Oregon Member

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    Wrong. Like most everyone, those folks come from a variety of political leanings & are mostly in the middle. On the other hand, if "rich straight right-wing white men" are the only ones who are pro-gun... Well, it's worth considering why that is!;)
     
  13. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Sarcasm
     
  14. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    I have to say that our political future in the gun rights movement doesn't lay with the entirety of the conservative movement. Some of the best ambassadors for gun rights to those on the "left side of the spectrum" are the Pink Pistols. As a gay man who refuses to be in the closet for either who am I or what I choose to carry on my hip (openly to boot), I think I've opened more eyes, and got many to reconsider their their previous stances on gun issues.
     
  15. AGCR

    AGCR SE Portland Active Member

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    Hip hip horay, Lonnie-

    What I meant in particular about "leftists and liberals" being the future of gun rights is that the stereotypical defenders, the NRA and Republicans are out of gas morally. They spent the last 8 years backing the 2nd Amendment while GWBII shredded the rest of the Constitution. The only credible defenders of the 2nd left are folks who support the entire document, equal rights for gays, women and folks of color and who can articulate the right to self defense as a major element within the framework of the global human rights movement, from the abolitionists to sufragettes.
     
  16. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Right wing bad, Left wing good? get realistic and realize we have no friends on the left or right, it's divide and concur while we are busy choosing one of two evils!
     
  17. fingolfen

    fingolfen Oregon Member

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    Do you mean divide and conquer???

    The first thing we need to get over is the "bunker mentality" - the more insular and isolated Second Amendment supporters are, the easier it will be for those rights (and people) to be "set aside".

    We need to be active regardless of what facet of the political spectrum we represent. We need to hold our government accountable to the supreme law of the land - and that is our Constitution.
     
  18. AGCR

    AGCR SE Portland Active Member

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    exactly. There are pleanty of friends out there who, as one of my writers put it recently, "don't really have a problem with guns, but can't stand rednecks and conservatives." As I've often observed, once people realize I'm not a jerk who's willing to look the other way while the government rapes every article of the Bill of Rights but the 2nd, they'll find guns are a non issue. I'll be handing out pro gun propaganda at the May Day parade again this year and odds are I'll find nobody but friends.
     
  19. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Ouch you got me! I guess we aren't separating into focus groups. I gotcha back by the way.;)

    I couldn't agree more. I'm happy to see that gay gun owners have taken up the 2nd amendment cause, they tend to be outspoken and we need that kind of support.