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D.C. Circuit Upholds Individual Right to Bear Arms | 94 comments (94 topical)

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And that is the point (none / 0) (#70)
by MPhilip on Sat Mar 10, 2007 at 05:17:51 PM EST
It is what you say Decon:  A court with an agenda. Which is why I find Karen Henderson's dissent so persuasive. She hits the issue square on. No policy, no "I love a right any right," no I hate guns or love guns. No silly word twisting. She said it so simply: the law is what it is until SCOTUS says it ain't, and by the way Miller was correctly decided.

[ Parent ]
Miller (none / 0) (#81)
by ravenshrike on Sun Mar 11, 2007 at 12:47:24 PM EST
Actually, Miller wasn't DECIDED at all. Miller was REMANDED back to the lower courts with the note that unless a short shotgun could be found as a weapon useful to the militia, nothing changed. Given that, one can assume that had such evidence been presented(which it could have) then the lower courts original decision would have been wrong. However, Miller was dead and his co-defendant plea-bargained, so the issue never went to trial.

[ Parent ]
Actually (none / 0) (#85)
by Deconstructionist on Sun Mar 11, 2007 at 01:38:52 PM EST
  The LAW was decided. Remands are for the lower court to apply the legal holding to the facts found.

  I think most-- from all sides of the issue-- can find fault w/ Miller for a multitude3 of reasons  but that does not mean it is  not still precedent and that it holding until modified by the Supreme Court reamins law.

  Certainly, at the Supreme Court level, it can be oveeruled. In lower courts, judges are expected to apply precedent even if they disagree with them. that's why the DC court of Appeals panel went to such lengths to distinguish Miller and claim it was not acting contrary to its holding.

  I suspect, the judges knew exactly what they were doing and think if this or a similar case from another circuit reaches the SC that the current SC will likely do what it has the power to do and  expressly overrule Miller rather than relying on an attempt to reconcile.

[ Parent ]

D.C. Circuit Upholds Individual Right to Bear Arms | 94 comments (94 topical)

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