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PostWatch
 

Friday, December 06, 2002
 
8:17 AM

Bill of Rights setback... The 9th Circuit Court of Appeals rejected the individual-rights basis of the Second Amendment in a case about the state's "assault"-weapons laws. Here's the brief Post story, by Rene Sanchez. The ruling explicitly rejects Attorney General Ashcroft's stance and conflicts with an opposite ruling in the 5th Circuit. Sanchez, of course, quotes someone from the Violence Policy Center praising the decision but no one on the other side.

Here's Eugene Volokh:

You'd think that in a discussion of what "militia" means in the Second Amendment, the Ninth Circuit would quote the Supreme Court's statement as to what this means: "The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense." United States v. Miller (1939).

Much more there.





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