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Opinion Review June 2008

Review of some of the decisions by the Supreme Court of the United States of America as of June 2008.

DC v. Heller (The handgun ruling)

Here the issue is whether an outright ban on individual possession/ownership of handguns in DC was constitutional. They ruled against it. I have to agree with them. I do believe in the right to regulate firearm ownership, but a wholesale ban obviously violates Constitutional Amendment Two on its face. The main problem with firearms isn’t a problem with firearms, but a problem with poverty. They make things worse, but they aren’t going to go away. Efforts should be focused on limiting their availability in sensible ways that still allow ownership for self-preservation and recreational (hunting, marksmanship competitions, and rich-middle-age-white-guy ten-pace-and-turn dueling) purposes. The real focus should be on eliminating poverty.

Rothgery v. Gillespie County

In this case the court rightly affirms that a person has the right to counsel upon first restriction of rights. It can’t work any other way and any court that thought otherwise doesn’t understand the founding principle of justice.

Greenlaw v. US

This case centered around a convicted party’s appeal that resulted in the appellate court increasing his sentence. That don’t make no goddamn sense. It was vacated. The best analogy here is one of physics. If I push up against a wall, the worst that should happen is it should stay still, the best I budge it forth. If, however, someone else pushes the other side, I may lose ground. Makes sense in physics, makes sense in law.

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