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February 24, 2003
First I must confess to a lack of posting which is shameful. I've been distracted putting together documents for my new venture.
I would be very remiss if I didn't point out a potential massive victory pulled from the jaws of a smaller but no less lame defeat. In deciding that Nordyke had no First Amendment claim, and being bound by one of the most double dealing California Supreme Court rulings, a 3 judge panel of the 9th Circuit Court of Appeal turned down an appeal that would have allowed the main promoter of gun shows in California to continue them in Alameda County (home to Oakland for those non Northern California folks.) However - the panel practically begged the 9th Circuit to re-hear the case en banc to overturn circuit precedent that claims that the Second Amendment only protects a collective right. I still worry as the 9th is amazingly good at letting politics get in the way of everything, even though some of the harshest criticism of the collective rights view was coming from a Clinton appointee.
Also, I've been monitoring the attempt to impugn John Lott's "More Guns, Less Crime" and though there are certainly troubling aspects about John's choices, there doesn't seem to be anything that impugns his research - especially on the Bellesiles scale - as Joyce Malcom explains in a recent Reason article that should serve as a fine and final postmortem of that situation and the other major scandals in academic history.Posted by hoffmang at 10:45 PM
February 12, 2003
Eldred's Impact on Second Amendment Analysis
It just hit me relevant the Supreme Court decision on Eldred was to the Second Amendment. If "To promote the Progress of Science and useful Arts" preambulatory statement has no impact on the power granted to Congress, then "A well regulated Militia being necessary to the security of a free State" has no bearing on, "the right of the people to keep and bear Arms shall not be infringed."
Granted however that the the Supreme Court did not grant certiorari upon the preambulatory question directly which means this is a less conclusive argument.
Update: Michael Dorf seems to agree with my reading.Posted by hoffmang at 12:33 PM
February 10, 2003
McCain on Europe
John McCain at some points makes me so mad and at other points makes me think he should have won the presidential primary.
This is one of those times that I am just awestruck. Read his speech delivered at a recent NATO meeting.Posted by hoffmang at 06:57 PM