Second Amendment Cases Challenge Slaughterhouse Cases: At SCOTUSblog, Lyle Denniston wonders whether the Slaughterhouse cases could be overruled. The Slaughterhouse cases narrowly interpreted the Fourteenth Amendment's Privileges and Immunities Clause to restrict state laws affecting the rights of national citizenship, but not state citizenship. Denniston reports that this longstanding rule could be challenged by the Second Amendment cases up for review by the Supreme Court this fall. In Maloney v. Rice (08-1592), National Rifle Association v. Chicago (08-1497) and McDonald v. Chicago (08-1521) the Court will determine whether the Second Amendment's personal right to have a gun for self-defense restricts state and local government laws, and not just those at
the federal level. Denniston believes that "there are only three ways that the Court could interpret the Second Amendment as applying to the states." He writes that the Constitution rules out one, Slaughterhouse the second, and the third, "'incorporation' of the Second Amendment into the Fourteenth Amendment
so that it reaches states - is not an attractive option to
constitutional conservatives." The NRA's petition argues the Second Amendment should apply to the states through "incorporation" and through the Privileges and Immunities Clause. McDonald suggests overruling Slaughterhouse as "wrong the day it was decided and today stands indefensible."
Was "Repudiating" Obama's Judicial Philosophy Part of the Plan?: At The Ninth Justice Stuart Taylor Jr. writes that Judge Sotomayor's repudiation of President Obama's "empathy" criteria, as well her step back from the "wise Latina" comments could have been done at the advice of White House lawyers prepping Judge Sotomayor for the hearings. He wonders if she was advised to reject the liberal judicial philosophy that pervades the President's speeches in order to get "out of a tight spot." Taylor speculates that the White House knew that the real ammunition against Judge Sotomayor existed in her speeches, and not her judicial record, and suggested that she resort to what Taylor calls "implausible disclaimers." So were the disclaimers a smokescreen? Maureen Dowd wrote in The New York Times, "as any clever job applicant knows, you must obscure as well as reveal, so she sidestepped the dreaded empathy questions -- even though that's why the president wants her."
Reported Decrease in Violent Crime Rates: On Sentencing Law and Policy Doug Berman posts on a reported decrease in violent crime rates in major cities across the country. According to a Washington Post story, by Allison Klein, Washington D.C, Los Angeles and New York have all reported fewer killings this year than any other year in at least four decades. The District and Prince George's County, MD have seen homicides drop 17 percent. As Chuck Wexler, executive director of the Washington-based Police Executive Research Forum, noted this trend is significant because "summer is when you see the most significant increase in street violence. Departments have had to be more strategic in terms of gangs and hot spots." Berman has some interesting "not-quite-absurd" theories on why crime is decreasing in these major cities. His first theory is that that after Heller more people are packing their own heat, and this has led to a decrease in crime. The second theory is that the election of President Obama has given hope to people and deterred them from committing crime. It could also be that police are doing are more strategically seeking out gangs in these cities, or that we are handing out tough sentences to the worst offenders.
Was "Repudiating" Obama's Judicial Philosophy Part of the Plan?: At The Ninth Justice Stuart Taylor Jr. writes that Judge Sotomayor's repudiation of President Obama's "empathy" criteria, as well her step back from the "wise Latina" comments could have been done at the advice of White House lawyers prepping Judge Sotomayor for the hearings. He wonders if she was advised to reject the liberal judicial philosophy that pervades the President's speeches in order to get "out of a tight spot." Taylor speculates that the White House knew that the real ammunition against Judge Sotomayor existed in her speeches, and not her judicial record, and suggested that she resort to what Taylor calls "implausible disclaimers." So were the disclaimers a smokescreen? Maureen Dowd wrote in The New York Times, "as any clever job applicant knows, you must obscure as well as reveal, so she sidestepped the dreaded empathy questions -- even though that's why the president wants her."
Reported Decrease in Violent Crime Rates: On Sentencing Law and Policy Doug Berman posts on a reported decrease in violent crime rates in major cities across the country. According to a Washington Post story, by Allison Klein, Washington D.C, Los Angeles and New York have all reported fewer killings this year than any other year in at least four decades. The District and Prince George's County, MD have seen homicides drop 17 percent. As Chuck Wexler, executive director of the Washington-based Police Executive Research Forum, noted this trend is significant because "summer is when you see the most significant increase in street violence. Departments have had to be more strategic in terms of gangs and hot spots." Berman has some interesting "not-quite-absurd" theories on why crime is decreasing in these major cities. His first theory is that that after Heller more people are packing their own heat, and this has led to a decrease in crime. The second theory is that the election of President Obama has given hope to people and deterred them from committing crime. It could also be that police are doing are more strategically seeking out gangs in these cities, or that we are handing out tough sentences to the worst offenders.
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