POLITICS - Scary court system we have.

[papasan]

First, my question is how many times
in the future are State, Federal, or the Surpreme Court going to interpet
what the 2nd amendment means??
I mean in a "regular court" if one is
convicted of a crime they may appeal
of course for a new trial.And with
say new evidence, DNA, new witness
testimony or a discovered technicality, it is granted. One does
not get a new trial til he finds a jury who finally aquits him. This new
EVIDENCE is needed to retry>

But on the other hand if the 2nd amendment ever goes on "trial" again
we could be in deep trouble. Think
about it, 4 of these Judicial experts
thought it was not the right of the
people (us) to bear arms. Where will
be the new EVIDENCE for a panel of
9 to overturn it?? There of course is
none. To me it is just someones opinion and that is SCARY!!

There will certainly be new appointees to the Surpreme Court in
only a matter of time. Just remember
who nominates them when you vote.

papasan

[Ysabel Kid]

There will certainly be new appointees to the Surpreme Court in
only a matter of time. Just remember
who nominates them when you vote.

papasan

Exactly. Too many horrible decisions in the last decade - going against the common citizen - by 5 to 4 split votes in the SCOTUS. We need to move this into positive territory. The leftist know that even with majorities in both the House and Senate, as well as Obama in office, they still can't get their whole agenda through legislatively - all these people want to be re-elected. They will move the country leftward, but the real power is in the courts - by un-elected judicial activists, who can move the country towards socialism by leaps and bounds. Look at what the CA Supreme Court just did in over-riding the will of the people concerning marriage.

A little chance that McCain will keep his word - and nominate judges like Roberts and Alito - is better than no chance whatsoever with Obama. The latter will keep his word for sure - and nominate judges like Ginsberg and Stevens...

[Charles]

No need to worry about Heller, it is now "settled law" and SCOTUS is loath to reverse iself. Even though the makeup of the court will change, the decision will stand. The issue in the courts will be the scope of the restrictions on the 2nd. Amendment. That is where the battle will be.

What happens will be like the case of Roe v. Wade. SCOTUS rules there is a Constitutional right, and then for decades, legislature and courts try to expand and contract the scope.

On another issue, your take on the Criminal Appeals process is wrong. There is a right to appeal and most cases are appealed because the jails and prisons are filled with "jailhouse lawyers" and the convicted defendant has nothing to lose. However the vast, vast majoritiy of the appeals are unsucessful and the conviction becomes final. The new trials are the ones that make the news. The rest go unreported.

Take care and keep them in the X-ring!

[donw]

i would say that charles is correct about the SCOTUS reversing its decisions. after all...they are supposed to be the FINAL authority in the lands court decision(s) in the case of the heller ruling, the congress and legislatures will spend decades getting around the courts ruling by using periphial issues such as 'contoling' of ammo, when and where you may shoot, etc. it's always been their way, always will be.

from the times i've been involved in the court/judicial system i've found it to be highly prejudicial, mechanical in operation and seemingly apathetic.

my own feelings are that the pledge of alligence should be changed to "with liberty and justice, for those who can afford it".

affording 'justice' is the key; if you can afford it, you may take it as far as you can. attornies, especialy good ones, are EXPENSIVE. even if you can afford it, you still may not win.

there are two things in this country that the average person may not afford, in reality, one, is being hospitalized (being terribly ill) without insurance, the other is to go to court.

oh, "you'll get your day in court" alright...but if you haven't an attorney you haven't much of a chance.