The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Monday, November 27, 2017

Who expects consistency from courts, any more?

The hobgoblin of small minds, said Emerson, a vain and rather fatuous New England Protestant cleric (a cleric! of course!) who earned a fan in Nietzsche, of all people.

Supremes refuse to hear NRA suit

The challengers, who had sued Maryland's governor and other officials in 2013, appealed a February ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia that upheld the state's law. 

The 4th Circuit said it had no power to extend constitutional protections to "weapons of war," and it found little evidence such guns were well-suited for self-defense.

Oddly, it is well known the Second Amendment, when adopted, was intended to guarantee individuals the right to keep and bear weapons of war, weapons available and suitable for use when on active duty in the militia, though the guaranteed right is not contingent on their doing so or even on the militia continuing to exist.

And that was in fact the rationale behind the votes of conservatives who in recent years made it orthodox, the reigning court view.

Then Scalia died.

And, anyway, the judges of the Fourth are not the Supremes.

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