Post-Heller Challenge to Federal Regulation of Machine Guns: At Sentencing Law and Policy, Doug Berman posts on Hamblen v. United States. In Hamblen, the Sixth Circuit ruled that "the Second Amendment does not confer an unrestricted individual right to keep and bear machine guns," and affirmed the district court's denial of Richard Hamblen's claims that his convictions for possession of machine guns and possession of unregistered firearms are unconstitutional. Berman notes that Hamblen is one of the few post-Heller decisions addressing machine guns, and points out that the Sixth Circuit did not find it relevant that Hamblen may have personally manufactured his machine guns in order to better serve as a member of the Tennessee State Guard. With regard to the nine unregistered machine guns possessed by Hamblen, the Sixth Circuit wrote, "whatever the individual right to keep and bear arms might entail, it does not authorize an unlicensed individual to possess unregistered machine guns for personal use."
A "More Interesting" Second Half: Orin Kerr posts on Volokh Conspiracy that more interesting cases will be heard and decided during the second half of the Supreme Court's term. Kerr's post follows up on Michael Doyle's McClatchy Newspaper article (mentioned in yesterday's blog scan) with Kerr's own thoughts on why the Supreme Court occasionally engages in "backloading." He speculates that the Justices may get more selective toward the end of the term and take more important cases to be heard at the end of the term. He also believes that law clerks may have a greater incentive to recommend more interesting cases for the spring term, and before their clerkship expires in the fall.
Some Supreme Court Justice Speculation: On Monday, Jonathan Adler wondered how the terrorist attempt to blow up a passenger jet on Christmas Day would affect Janet Naplitano's chances of making the SCOTUS shortlist. A New York Times piece by Peter Baker provides some insight into why she may no longer be one of the President's top choices - like she was in May.
A "More Interesting" Second Half: Orin Kerr posts on Volokh Conspiracy that more interesting cases will be heard and decided during the second half of the Supreme Court's term. Kerr's post follows up on Michael Doyle's McClatchy Newspaper article (mentioned in yesterday's blog scan) with Kerr's own thoughts on why the Supreme Court occasionally engages in "backloading." He speculates that the Justices may get more selective toward the end of the term and take more important cases to be heard at the end of the term. He also believes that law clerks may have a greater incentive to recommend more interesting cases for the spring term, and before their clerkship expires in the fall.
Some Supreme Court Justice Speculation: On Monday, Jonathan Adler wondered how the terrorist attempt to blow up a passenger jet on Christmas Day would affect Janet Naplitano's chances of making the SCOTUS shortlist. A New York Times piece by Peter Baker provides some insight into why she may no longer be one of the President's top choices - like she was in May.
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