Heller Affirmed!
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Second Amendent upheld. The Liberals will not be happy.

Heller opinion by Justice Scalia in District of Columbia v. Heller in PDF

From SCOTUS Blog:

The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed.

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. We will provide a link to the decision as soon as it is available.

The Court has recessed until the first Monday in October.

Quotes from the Opinion:

“Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.”

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”

On the question of the Second Amendment’s application to the States: “23 With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.”

t/b : Stop The ACLU, Michelle Malkin

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Democrats praise the Supreme Court ruling that gives suspected terrorists held by the U.S. military at Guantanamo Bay the right to challenge their detention in federal court.

Barack Obama praised the 5-4 ruling that allows terrorists awaiting military tribunals at Guantanamo Bay to appeal their cases to U.S. civilian courts.

“The court’s decision is a rejection of the Bush administration’s attempt to create a legal black hole at Guantanamo — yet another failed policy supported by John McCain,” Obama said.

House Speaker Nancy Pelosi (D-Calif.) praised the Court for “uphold[ing] the constitution of the United States” and reiterated her desire to see Gitmo shut down.

Other Democrats quickly followed suit after the court ruled 5-4 that the U.S. military lacks the legal authority to prosecute as many as 300 prisoners. The detainees sued the government to contest their imprisonment and the current rules used to try them in military tribunals.

“Today’s Supreme Court decision in Boumediene v. Bush is a stinging rebuke of the Bush administration’s flawed detention policies,” said Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.), “and a vindication for those who have also argued from the beginning that it was unwise as well as unconstitutional.”

The issue has often spilled over from the courts into the legislative branch. In 2006, Congress passed a law limiting the court jurisdiction to hear similar types of challenges.

“Time after time,” says Sen. Russ Feingold (D-Wis.), “the Supreme Court has rebuffed the administration’s attempts to undermine the Constitution.”

Senator Lindsey Graham(R- SC) on the decision:

“The American people are going to wake up tomorrow and be shocked to hear that a member of Al Qaeda has the same constitutional rights as an American citizen,” said Graham.

“[Even] the Nazis never had that right.”

Nothing more to be said… Democrats support our enemies. To hell with the strict enforcement of the Constitution.

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