Gun Ruling Will Trigger Barrage of Lawsuits

2nd Amendment call was a question for states: legal scholars

(NEWSER) - Last summer's Supreme Court decision that ruled citizens have an individual right to possess guns drew hosannas from the American right wing. But now the court's ruling is coming under attack—from conservative legal scholars. As the New York Times reports, two Reagan-appointed judges have called DC v. Heller the conservative version of Roe v. Wade, unjustly transferring a political question from the states into the courts. More»

Supreme Court's 5-4 decision "takes certain policy choices off the table"

(NEWSER) - The Supreme Court’s decision today striking down Washington's handgun ban represented a change in interpreting the Second Amendment. The court’s 5-4 vote split down partisan lines, the Post reports, with Justices Scalia, Roberts, Kennedy, Thomas, and Alito in opposition to Stevens, Souter, Ginsburg, and Breyer. "The enshrinement of constitutional rights necessarily takes certain policy choices off the table," Scalia wrote. More»

In key 2nd Amendment case, Kennedy notes 'general right to bear arms'

(NEWSER) - The Supreme Court looks ready to declare Washington, DC’s handgun ban unconstitutional, the LA Times report. The justices heard oral arguments in the landmark Second Amendment case today, and swing voter Anthony Kennedy said, “In my view, there is a general right to bear arms.” At issue is whether the provision applies only to state militias or if it protects an individual right to own weapons. More»

Hearing will be first on the topic in 68 years

(NEWSER) - The Supreme Court agreed today to hear its first case on the meaning of the Second Amendment in 68 years. At question is the scope of the “right to bear arms”: A circuit court ruled last year that it applied to individuals' guns, but the city of Washington argued it guaranteed only a collective right for groups such as the National Guard, SCOTUSblog reports. More»

Expect a fierce battle for liberal justice's replacement

(NEWSER) - What will John Paul Stevens’ retirement mean for the Supreme Court? Here are three early thoughts on what comes next:

• Expect the tea partiers to get extremely riled up over whoever President Obama nominates, writes Chris Good of the Atlantic . They have a “very strict (one could almost say fundamentalist)” take on the Constitution, and they’re itching for a post-health care fight.