Heller Affirmed!
More results as they are available.

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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The District ofColumbia wants to keep it’s gun ban in effect.

From WTOP :

District of Columbia officials said Monday they plan to petition the Supreme Court as they seek to defend the city’s 30-year-old ban on most handguns.

A federal appeals court panel struck down the law in March, rejecting the city’s argument that the Second Amendment right to bear arms applied only to militias. The full appeals court refused to reconsider the decision in May. The law has remained in effect during the appeals process.

“We believe we are right on the law and we hope the Supreme Court will agree with us,” D.C. Attorney General Linda Singer said.

If the high court takes up the case, it would mark the first time in 70 years that justices will consider the breadth of the Second Amendment. In 2003, the court chose not to take a case that challenged California’s ban on assault weapons.

Washington’s gun law was enacted in 1976 and bars residents from keeping handguns in their homes and prohibits the carrying of a gun without a license. Registered firearms must be kept unloaded and disassembled.

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One form of Infanticide still ruled illegal:

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 My posting on the blog has been light as a result of my participation in the GOTV effort. The effort is worthwhile and you meet some of the finest people imaginable, Republicans of course.  

I encourage everyone to go to your local Republican office and volunteer your services for as much time that can be spared.

Crossposted From Stop The ACLU

Casey, Webb, Ford & Tester Agree To Schumer Filibuster Pact

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This has been a very disappointing period of time for the ACLU. Two strict constructionists appointed to the Supreme Court of the United States. One of which reviews Supreme Court appeals from the 9th Circus, Justice Alito. I have a feeling that there will be a lot of cases from the 9th making it to the Supreme Court as well as an increase in the number of reversals nation wide.

Just yesterday, the ACLU released 8 press releases in between their meals of sour grapes and Koolaid. They can’t get their politicians elected at the ballot box. Some of those which they have gotten elected are proving impotent due to their lack of any real power in Congress. But now, the federal judiciary has been taken back by those who actually read what the Constitution says and not trying to look for some hidden meaning. I don’t believe in the Davinci Code nor do I believe the Constitution says anything other that what is printed in it.

http://www.aclu.org/safefree/general/24023prs20060201.html
http://www.aclu.org/lgbt/discrim/24032prs20060201.html
http://www.aclu.org/safefree/spying/24037prs20060201.html
http://www.aclu.org/safefree/general/24040prs20060201.html
http://www.aclu.org/safefree/spying/24029prs20060201.html
http://www.aclu.org/safefree/spying/24028prs20060201.html
http://www.aclu.org/safefree/spying/24009prs20060201.html
http://www.aclu.org/safefree/spying/24036prs20060201.html

The ACLU usually prefers to stay in the shadows. They lurk there like criminals waiting to roll some drunk for what little money that he may have. They send out “advisory letters” which advises that the city or town either comply with their wishes, or they will tie them up in very costly legal proceedings. And it isn’t so much the fight for what’s right that is important to the ACLU. No, it’s that big payoff of legal fees reimbursements that will be ordered by the judge. Taxpayers money going into the hands of this Anti American institution.

I received a letter from my Congressman a few months back in which he tried to assure me that the ACLU does not receive taxpayers money. Well, my Congressman is wrong.

There exists a little law where the option of requiring the losing party to reimburse the legal fees of the winning party in civil rights cases. So if the respondent in a civil rights case is the federal government and the government loses, who’s paying the ACLU? We are, John/Jane Q. Taxpayer is footing that bill. The same is true on the state and local level.

So the ACLU uses this as a tool to intimidate cash-strapped cities and states to advance their agenda. For instance, the debate over public celebrations of Christmas. Every time it’s been actually challenged in court, the ACLU loses. But yet, if your town puts up a nativity scene in your local park, the ACLU will send an “advisory letter.” So your town will take it down and bow to the will of the mighty ACLU.

The ACLU is a terrorist organization. They are more powerful than Al Qaeda. Why do I say that? Because they use our own laws against us. They are destroying us from within. And this is why they are concerned about the NSA eavesdropping program. Because they know, if we can listen in on Al Qaeda, we can listen in on anyone who is a threat to our way of life. And that means them too. That is using their twisted logic anyway.

This is why they are pushing the domestic spying falsehood. If the NSA were listening in on your conversation with Aunt Mildred getting her cookie recipe, that would be domestic spying. In this program, on end of the conversation must be either known or suspected Al Qaeda. And at least one of the parties has to be outside of the United States. This being true, it cannot be labeled domestic can it?

This was a production of Stop The ACLU Blogburst. If you would like to join us, please email Jay at Jay@stoptheaclu.com or Gribbit at GribbitR@gmail.com. You will be added to our mailing list and blogroll. Over 150 blogs already on-board.

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Samuel Alito: Confirmed As 110th Justice of the US Supreme Court.

 Final Vote 58 to 42

The Vote is just the opposite of the Judge Bork Vote in 1987: 42 yes 58 nays.

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Drudge has an article today describing Teddy Kennedy(d- Mass.) as taking one last shot to derail the Alito nomination to the Supreme Court. One of Kennedy’s staff is leading the attack, James Flug.

Alito isn’t being "Borked"…. The attempt now should be called a "Flugging".

Here are the details from Drudge:

 
 Sen. Ted Kennedy’s (D-MA) office is behind a last ditch effort to stop Judge Samuel A. AlitoÕs confirmation before next week’s vote using a 2004 recusal request.

THE DRUDGE REPORT has obtained a complaint filed by H. Gerard Heimbecker of Upper Darby, PA accusing Alito of not properly listing the Heimbecker v. 555 Associates case in his Senate questionnaire.

Kennedy legal aide James Flug is behind the efforts to push this latest attack. The veteran aide has been criticized for Sen. Kennedy’s misfires during the Alito hearing last week. Flug was reportedly behind the attacks Kennedy used against Alito related to the Concerned Alumni of Princeton (CAP) and Vanguard recusal case.

In the 2004 case, Heimbecker not only filed a request for Alito to recuse himself but also the entire Third Circuit as well.

One Capital Aide aware the situation challenged Heimbecker’s credibility. "The individual who filed this complaint is clearly a serial litigant. It will be interesting to see how far the Democrats will push this and what the mainstream media will make of it."

 Robert Novak has more on Flug.

As I sit here writing about "Captain Oldsmobile" and his trusty aide, Mr. Flug, and  their  last ditch effort  slime Judge Alito I realize we need a new universal word for scandals and the like.  

There are numerous uses for the "Flug" handle.  In litigation: Are you the Flugee or the Flugor?

                                                                                            In Scandals: My wife was Flugged by Teddy Kennedy.
                                                                                          

 Flugged,Flugging, flugorized, flugorated, flugnicist, Teddy’s newest scandal: Fluggate… 
 

It’s been a long day… 

Linked To:

Michelle Malkin 

Adam’s Blog 

Don Surber 

The Uncooperative Blogger 

Mudville Gazette 

Wizbang 

Stop The ACLU 

Publius Rendezvous 

Michelle Malkin 

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Teddy Kennedy inferred that Judge Alito is a racist during the opening statements of Judge Alito’s Supreme Court hearing today.

Ted Kennnedy (d)( Mass).:

In an era when America is still too often divided by race and by riches, Judge Alioto has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job. In fifteen years on the bench, not one.

Hat tip:Michelle Malkin

Linked to: Stop The ACLU Mudville Gazette

                Six Meat Buffet

                Choose Life

               Thespis Journal
 

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From GOP.com

Factually incorrect ad will not be aired on Fox News

Fox News Won’t Air Anti  Alito Ad:

Fox News is refusing to air an ad critical of Supreme Court nominee Samuel Alito, citing its lawyers’ contention that the spot is factually incorrect…

The groups backing the ad include the Alliance for Justice, the Leadership Conference on Civil Rights, People for The American Way and abortion rights organizations.

Bush nominated Alito to replace Justice Sandra Day O’Connor, who is retiring. Alito’s confirmation hearings before the Senate Judiciary Committee are to begin Jan. 9…

Paul Schur, a spokesman for Fox, said that according to the network’s lawyers, the ad is ”factually incorrect and we’ve given them an opportunity to fix it.”…

This from CBS via AP:

Fox News is refusing to air an ad critical of Supreme Court nominee Samuel Alito, citing its lawyers’ contention that the spot is factually incorrect.

A spokesman for the groups sponsoring the ad said the network’s decision reflects the political right’s effort to shield President Bush’s choice for the high court.

The ad says that as an appellate court judge, Alito has "ruled to make it easier for corporations to discriminate … even voted to approve strip search of a 10-year-old girl." Referring to a document Alito wrote in 1985 while seeking a job in the Reagan administration, it quotes him as saying that "the Constitution does not protect a right to an abortion."

The groups backing the ad include the Alliance for Justice, the Leadership Conference on Civil Rights, People for The American Way and abortion rights organizations.

The Save the Court  Video that Fox News won’t air is  Here.

It will be interesting to see who does air the Anti Alito Ad.

linked to:

Don Surber, Adam’s Blog, Michelle Malkin, Third World County, The Political Teen, Euphoric Reality, Committees Of Correspondence, Choose Life, Right Wing Nation, TMH’s Bacon Bits, MacStansbury, NIF, Is It Just Me?, Those Bastards, The Business Of America, Mudville Gazette
Small Town Vet, Basil’s Blog, Stop The ACLU, The Uncooperative Blogger

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Don Suber has an article up with some of the top Democrat Libs quotes about Alito back in the 90′s when he was confirmed on the lower court via the GOP website.  Very interesting.

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