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When it comes to the distinction between bans and other regulations, well, the administration has a hard time keeping that one straight. It specifically notes that the appeals-court interpretation “both secures individual rights and allows ‘reasonable restrictions,’” but editorializes, “the Second Amendment’s protection of individual rights does not render all laws limiting gun ownership automatically invalid” as though that runs counter to the decision. The brief also spends an entire page defending prohibitions on felons owning guns, even though neither side disputes the validity of said prohibitions.
The administration proposes that courts “should consider (a) the practical impact of the challenged restrictions on the plaintiff’s ability to possess firearms for lawful purposes (including the nature and practical adequacy of the available lawful alternatives), and (b) the strength of the government’s interest in enforcement of the relevant restriction.” It takes no position as to whether the DC laws would pass such a test.
In other words, the courts should decide whether, in a given circumstance, a given policy is good enough to warrant a given degree of infringement on gun rights. They shouldn’t decide that the words “shall not be infringed” prohibit certain policies in all circumstances. This is squishy jurisprudence at best.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?