Thursday, June 26, 2008

SCOTUS: Heller Ruling




Some great news today from the U.S. Supreme Court. SCOTUS affirms that the 2d Amendment protects an individual's right to keep and bear a firearm just an hour so ago in the Heller case. The opinion is here. It was a 5-4 decision with Justice Scalia writing the opinion. The breakdown was predictable with Breyer, Ginsburg, Souter, and Stevens dissented.

Here's the last paragraph:
We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution. The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns. But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what isnot debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.We affirm the judgment of the Court of Appeals.

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