OT: 9th Circuit incorporates 2nd Amendment

NINTH CIRCUIT INCORPORATES 2nd AMENDMENT
"We must decide whether the Second Amendment prohibits a local government from regulating gun possession on its property. [a gun show case]
"We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments..."
Full opinion: http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
First discussion http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240247034
Second discussion http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240249775
This is a HUGE FARKING DEAL. Incorporation effectively strikes down hundred of state an local laws on gun possession (i.e., Chicago's).
The NINTH CIRCUIT! Who would have thought.
Although it was only a three-judge panel, the panel consisted of judges appointed by Reagan, Clinton, and Carter. The chances of an en banc hearing (full court) are thought to be nil.
Background
I. Incorporation Until the early part of the 20th Century, the legal position on the Bill of Rights was that they applied ONLY to the federal government; states and their subdivisions were free to establish a state church, ban newspapers, search without warrants, or anything else.
Starting in 1931, the amendments of the Bill of Rights began to be "incorporated," that is, applied to states. The first to be so applied was Freedom of the Press, then came Freedom of Assembly in 1937.
As of today, the following parts of the Bill of Rights are NOT binding upon the states, they have not been "incorporated."
* 2nd Amendment - Right to keep and bear arms * 3rd Amendment - Quartering of soldiers in private homes * 5th Amendment - Right to an indictment by a grand jury * 7th Amendment - Right to a jury trial in civil cases * 8th Amendment - Protection against excessive bail and excessive fines
II. 9th Circuit The 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, the U.S. Territory of Guam and the Commonwealth of the Northern Mariana Islands) is the most liberal of the nine judicial circuits and is responsible for more appeals and reversals than any other.
In the main, its justices are mouth-breathing knuckle-draggers. It is a sorry collection of nit-pickers, cut-purses, athletes of the tongue, pettifogs, and wowsers who generate ream after ream of bum-wad suitable only for raising the eyebrows of their betters.
I have no explanation for today's decision - it is a paragon of logic and erudition.
On the other hand, the petitioner lost.
But, as one reviewer put it, "We should not cease to marvel at a flying pig simply because he crashes on landing."
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Suggest putting a lower amperage circuit breaker on the 9th Circuit.
Maybe then a topic related to gun control would be appropriate for a home repair newsgroup like this.
Smarty
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wrote Re OT: 9th Circuit incorporates 2nd Amendment:

Indeed it is! Thanks for the good news.
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This is pretty funny, YOU calling anyone a mouth-breathing knuckle-dragger.
Who told you to think these things about the 9th circuit? Confess. Who told you?
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JoeSpareBedroom wrote:

From God's lips to my ears!
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Liar. You have no original ideas. Who told you to say those things?
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The Office of the Chief Justice of the USSC. The figures compiled by that office show the the 9th Circuit has consistently been the Circuit that has the most decisions overturned when appealed to the Supremes. BTW: You might want to get out a tissue. You left a little spittle on your face from that rant.
--
"Distracting a politician from governing
is like distracting a bear from eating your baby."
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I was referring to "mouth-breathing knuckle draggers". He got that from some hysterical source online, or perhaps Glenn Beck, although I doubt even he would say such a thing. The rest of the paragraph above ("It is a sorry collection....") could not have been written by HeyBub.
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JoeSpareBedroom wrote:

Got me! I copied this text almost verbatim from the address of King Gustav V on the adoption of the Constitution of Patagonia.
I usually dial down my polished erudition when posting to newsgroups for fear of confusing some benighted co-respondents. In the instant case, however, I was overcome with emotions so unimaginably intense that I clearly lost perspective.
I apologize for upsetting those of a sensitive nature, not that I care what other people think (attribution: title of a book by Richard Feynmann - I'll try to be more careful in future when I plagarize something).
The original draft included: pharissical, malefic, incognitant, pokenoses, blow-hards, bereft of talent, intelligence, and endeavor, shoddy pedagogues, and a few other superlatives. I discarded them as redundant.
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As long as they incorporate, also to the 2nd amendment, the following.
The right to bear tea bags, visqueen & duct tape.
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wrote:

Commonly known in that area. Maybe, they have a new judge on the bench -- say, one that attributed to the memos, just released, about water-boards.
'bout time that bench cleans up it's mess.
Now I'll go read it all <G>
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