Thursday, June 26, 2008

SCOTUS does its job.

And by its job, I mean to correctly interpret the Constitution and defend it against legal transgressions. Today, it ruled that- as the 2nd Amendment clearly states- individuals have a clear right to bear arms, and the fascist D.C. handgun ban was overturned.

It is quite troubling that the decision came down by a vote of 5-4. It just boggles my mind that any Supreme Court justice could possibly disagree with the sentiment that an individual does indeed have a Constitutionally-protected right to own a gun and that outright bans on guns violate this right. The decision can be summed up by the phrase, "Same old party lines," with the Right- Roberts, Scalia, Thomas, Alito- voting for the decision, and the Left- Wicked Witch of the West (aka, Ginsburg), Breyer, and Stevens- voting against it. Kennedy, who is probably the most non-partisan judge on the court, thankfully sided with the right on this one. I'm disappointed, though, in Souter, who is also a very non-ideological member of the court who judges each case as an individual case. I would have thought that this would be an issue where he would side with the right.

The troubling part of this decision is its implication for the future. With the likelihood of McCain or Obama being the next President, there is a lot to be afraid of regarding their possible picks of justices. While most potential retirements in the near future- Stevens, Witch, Breyer- are on the left, Scalia is also up there in age. The prospect of a McCain or Obama judge replacing him with a "moderate" judge could lead to a hard reversal of this decision. Here's to hoping that Scalia holds on to that seat for the next 8 years.

For some ludicrous arguments by the likes of Breyer and Stevens, take a look at the article.

1 comment:

Chandler Vatavuk said...

Finally the American government protects an inherent freedom. After years of the eroding of the Constitution in various arenas, the Supreme Court takes a stand. Now if only they would strike down the Patriot Act as well, then we truly would have some victories for LIBERTY.