Monday, June 28, 2010

Supreme Court - Gun Control

Today was a historic day, then again, everyday is becoming historic as our country is in a continual fight for it's very life.

The Supreme Court voted today 5-4 in regard to Chicago's 28 year ban on handguns.  This is a significant victory for those who uphold our Second Amendment right but with this victory is a great concern as well because four of justices against it.

The Justices voted to overturn a 7th Circuit decision upholding gun bans in Chicago and it's suburb, Oak Park.  The 5 justices agreed the Second Amendment applies to state and local governments, as well as to federal territory.

This is the second time that the court has given a win to gun rights advocates.  The first time was in 2008's District of Columbia v. Heller,  where the court held that DC's gun ban was illegal because the Second Amendment protects individual rights to keep and bear arms.  This '08 decision was the first time in history that the court directly addressed the individuals rights to bear arms but the '08 decision did not go beyond federal territories so the Chicago ban survived that decision...until now.

Some are saying that today's decision today will open doors to new cases.  This is of significance because President Obama has made his selection for the replacement of  Justice John Paul Stevens (nominated by Gerald Ford) and is retiring tomorrow, June 29th by picking Elena Kagan.  Stevens who at the time of his retirement is the oldest member of the Court and the third-longest serving justin in the Court's history is widely considered to be on the liberal side of the court and voted with the minority on this ruling today by calling the ruling "destructive".

Elana Kagan began her confirmation process today and will most likely fill the vacated liberal side of the court with another in kind.  She is scary as a nominee to me as she calls Aharon Barak, a foreign judge her "Judicial hero".  Who is Aharon Barak you ask? He is an activist Israeli Supreme court just who is a radical advocate for an agenda-driven judiciary.  Judge Araron Barak believes that for a democracy to work an unelected judge should have the final say in ALL matters of government.

Elana Kagan is not the best appointment for the court in my mind and I pray there is way to stop her confirmation vote by the Senate until after the November elections.  With God, all things are possible and I am praying for any delays in the matter.

Some would think that as a Jew himself, Araron Barak who suffered under the atrocities of Hitler, would be more sympathetic to freedom like that of the US Constitution but one of the most liberal Justices currently on the Supreme Court is also Jewish, Justice Ruth Ginsburg who leans toward the liberal agenda on the Court and was appointed by President Bill Clinton, another liberal.

A side note about other news today was that Justice Ginsburg's husband Martin Ginsburg, a prominent tax lawyer and professor, passed away today at the age of 78.  May he rest in peace.

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