Friday, June 26, 2009

A brief gloss on “Fire”

Yesterday, MNO posted about Hal Turner getting all worked about the 7th Circuit Court of Appeals failing, in his view, to enforce the District of Colombia v. Heller decision holding a chicken in every pot and heat in every home in DC. As MNO points out, Turner has been charged on a criminal complaint and accused of threatening assault and murder of members of the federal judiciary in retaliation for the judges’ performance of their official duties.

One wonders if ‘ol Hal can blog from prison. Probably not.

The judges on the panel who wrote the unanimous opinion were Frank Easterbrook, who currently serves as chief judge, William Bauer and Richard Posner. Easterbrook and Posner are both well-known conservative federal judges. Richard Posner is one of King Banaian’s little tin gods, as a matter of fact, although he recently wrote some things that probably tarnished him in Banaian’s eyes.

Anyway, the 7th Circuit held that the District of Colombia and the states were different species of fish; a due respect for the difference and for the fact that the Supreme Court opinion left open the question of application to the states required leaving gun control ordinances in place:

Judges on the panel included well-known conservatives Frank Easterbrook and Richard Posner, as well as another Republican appointee, William Bauer. Easterbrook wrote that the U.S. Supreme Court ruling last year in District of Columbia v. Heller overturned a handgun ban in the federal enclave of Washington, D.C., on Second Amendment grounds, but left open the question of whether the amendment applied to the states.

The issue is "for the justices rather than a court of appeals," Easterbrook wrote.

And so it is. You have to wonder though, if this experience will influence these judges in the future as more of the rantings and ravings of the gun suckers comes before the court.

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