Monday, April 20, 2009

2nd Amendment Incorporated!

Surprise decision from the Nordyke case by a panel of the Ninth Circuit court. In a delicious Catch-22 decision, Nordyke loses the case, but the Court incorporates the Second Amendment; that way, the winners can't appeal!

Here's a particularly juicy morsel from the decision:

Moreover, whereas the Supreme Court has previously incorporated rights the colonists fought for, we have here both a right they fought for and the right that allowed them to fight.

Right on! You crazy liberal justices, you!

UPDATE: Excellent discussion on The Volokh Conspiracy, including this:

What an pyrrhic victory for the gun grabbing county executive. She got the gun shows banned from county property, but accidently got the 2nd amendment incorporated in the process...
This calls for a glass of wine and a cigar!

2nd UPDATE: More discussion from TVC:

Am I the only one to notice EV was cited in the decision?
No doubt the Panel was just whoring for a blog post.



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