Monday, March 04, 2013

Next U.S. Supreme Court 2nd Amend case?

The U.S. Supreme Court has, in my opinion, behaved irresponsibly in not deciding a new 2nd Amend case.  There are crucial unanswered questions (e.g. standard of review, lawful uses or only lawful self-defense), and many obviously incorrect lower court decisions.  A  split on a constitutional issue between U.S. Court's of Appeals is a type of case where the Court will sometimes grant certiorari (review).  One Circuit Court honestly payed attention to the word "bear" in the Second Amendment, while another basically read it out of the Amendment.  With potential federal legislation on the way and a number of new, strict state gun laws, clarification is badly needed.

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