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The
Below Comments Relate to this Newslink:
To Build a Case for Guns in Public, a Judge Cited Racist Antebellum Legal Precedents
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The decision was authored by Judge Diarmuid O’Scannlain, a Reagan appointee, who argues that courts cannot consider the implications of gun laws on public safety, but instead must limit themselves to evaluating a given firearm restriction against the text of the Constitution, legal tradition, and other historical evidence. Then O’Scannlain turns to such precedent — some of which is dubious at best.
Namely, the judge cites a set of gun cases from the antebellum South, when the meaning of armed self defense in public was inseparable from a culture of dueling and fear of slave revolts. |
| Comment by:
PHORTO
(7/27/2018)
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Memo to The Trace:
Stick a fork in yourself, you're done.
It's only a matter of time. Right now this ruling only affects the Western states and Hawaii - if the en banc 9th Circuit Court reverses, it will go to the SCOTUS where it will be upheld, thence to apply to the whole country.
Your meat's cooked. Would you like some potatoes to go with it? |
| Comment by:
mickey
(7/27/2018)
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These newslinks should come with a warning. Instead of opening with a state's abbreviation, they should start with "MediaMatters:" or "TheTrace:"
Anyway, if an 1800s decision which said that freed slaves had a right to carry openly but no right to carry concealed is too "racist" for The Trace, I assume The Trace believes that all citizens have the right to carry concealed and openly? |
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| QUOTES
TO REMEMBER |
| "Judges ought to remember that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law." --Francis Bacon, From "The Essays of Counsels, Civil and Moral" |
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