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Thursday, October 1, 2009

Supreme Court Agrees to Hear Case Concerning Constitutionality of Local Handgun Bans Next Year

One of the first cases that the new Supreme Court, with the addition of Justice Sotomayor, will be a case involving an issue of apprehension for conservatives, the local application of the Second Amendment:

WASHINGTON (AP) -- The Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners. The court said it will review a lower court ruling that upheld a handgun ban in Chicago. Gun rights supporters challenged gun laws in Chicago and some suburbs immediately following the high court's decision in June 2008 that struck down a handgun ban in the District of Columbia, a federal enclave.

The last court, with Souter, decided against a similar ban in DC, earlier this year. However, since DC is a federal district and not an independent city or state, it doesn't automatically {pertain} to the rest of America on a local government level. So, the court took this opportunity to clarify their position on the issue.

As an appellate judge, Sotomayor decided in a case similar to this one in New York. That particular case was, also, appealed, but the Chicago case was taken instead. So, Sotomayor wouldn't have to recuse herself.

In the New York case, she voted to uphold the ban just as Souter voted to uphold the DC ban. So, the court didn't tilt anymore to the left with the addition of Justice Sotomayor. The dynamic of the is the same as before. As a result, there is a very good chance that the court will rule the same way and overturn all total handgun bans across the country. That would be a major victory for the Second Amendment.

The case will be heard sometime next year.

Exit Thought:

I find it extra delicious that they are using a case from Obama's home district. Was it intentional?

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