Exciting case coming up for argument in the Supreme Court - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

Cali Coug · 02-18-2008, 07:28 PM

http://en.wikipedia.org/wiki/Parker_...ct_of_Columbia

DC v Heller will be heard on March 18, 2008 in the Supreme Court. The attached Wikipedia link gives a fairly decent summary of the facts and procedural history of the case.

For those of you who don't know, the case involves the interpretation of the Second Amendment's grant of the right to bear arms. For decades, legal scholars have argued about whether the amendment grants each individual a right to bear arms, or whether the amendment is designed to be a collective grant, specific to militia use. There are good arguments to be made on both sides.

The Second Amendment is also somewhat unique in that it has never clearly been applied to the states (unlike most other provisions of the Bill of Rights). It will be interesting to see how the Court rules on the issue, and whether it impacts their interpretation of the applicability of other provisions of the Bill of Rights. In particular, Justice Thomas has noted lately (in the Newdow case) that the establishment clause doesn't apply to the states (meaning a state could establish an official religion if it wanted to).

Heller may not be the catalyst for further review of the applicability of provisions of the Bill of Rights against states, but even if it isn't, it will be a facinating case to read once decided (likely in the summer of 2008).

02-18-2008, 07:28 PM	#1
Cali Coug Senior Member Join Date: Dec 2005 Posts: 5,996	Exciting case coming up for argument in the Supreme Court http://en.wikipedia.org/wiki/Parker_...ct_of_Columbia DC v Heller will be heard on March 18, 2008 in the Supreme Court. The attached Wikipedia link gives a fairly decent summary of the facts and procedural history of the case. For those of you who don't know, the case involves the interpretation of the Second Amendment's grant of the right to bear arms. For decades, legal scholars have argued about whether the amendment grants each individual a right to bear arms, or whether the amendment is designed to be a collective grant, specific to militia use. There are good arguments to be made on both sides. The Second Amendment is also somewhat unique in that it has never clearly been applied to the states (unlike most other provisions of the Bill of Rights). It will be interesting to see how the Court rules on the issue, and whether it impacts their interpretation of the applicability of other provisions of the Bill of Rights. In particular, Justice Thomas has noted lately (in the Newdow case) that the establishment clause doesn't apply to the states (meaning a state could establish an official religion if it wanted to). Heller may not be the catalyst for further review of the applicability of provisions of the Bill of Rights against states, but even if it isn't, it will be a facinating case to read once decided (likely in the summer of 2008).