Some notations I made while reading for those who want "Cliff's Notes" version, or better yet the highlights (like a Supreme Court version of "SportsCenter"):
What an utterly ridiculous argument and a preposterously false choice. "guns on one side and life on the other"? Can guns and life NEVER be on the same side Mr. Justice?Page 14 lines 19-25 wrote:BREYER: Now, think of this, too: That when you have the First Amendment, or some of the other amendments, there is always a big area where it's free speech versus a whole lot of things, but not often free speech versus life. When it's free speech versus life, we very often decide in favor of life. Here every case will be on one side guns, on the other side human life.
Nice counter point to Breyer's ridiculous point that a statistical analysis somehow gives Chicago the right to ban certain guns.Page 16 lines 9-15 wrote:SCALIA: There is a lot of statistical disagreement on whether the Miranda rule saves lives or not, whether it results in the release of dangerous people who have confessed to their crime but the confession can't be used. We don't -- we don't resolve questions like that on the basis of statistics, do we?
What is he doing still arguing the Militia Clause? That argument was decided in Heller. 2A RKBA is an INDIVIDUAL RIGHT. You lost. Get over it. (note: this line of argument actually continues straight through page 28 line 18)Pages 26 lines 24-25 and 27 lines 1-5 wrote:BREYER: Here we have right in the amendment written a militia-related clause. And the way that -- the way -- the way that the right might be incorporated in respect to that is light years different. From the way it might be interpreted if you think what it is, is the right to have a gun to shoot a burglar. They are just two separate things.
Where is Suzanna Hupp when you need her? It's not about militias, it's not about burglars, and it's certainly not about hunting ... RKBA is about all of us out here protecting ourselves from all of you up there.Page 43 lines 8-22 wrote:BREYER: let's make up an imaginary importance of ordered liberty chart, and we give it to James Madison and the other framers. And he would say insofar as that right to bear arms is important for the purpose of maintaining the militia, it's high on the ordered liberty chart. Insofar as the right to bear arms is there to shoot burglars, it's low on the ordered liberty chart.
One of many great examples of Justice Scalia, and to a lesser extent Roberts and Kennedy just OWNING the counsel arguing the City of Chicago's side.Page 56 line 23 through Page 57 line 5 wrote:JUSTICE SCALIA: See, the right to keep and bear arms is right there, it's right there in the Bill of Rights. Where do you find the right to self-defense?
MR. FELDMAN: Well, I -
JUSTICE SCALIA: You -- you want us to impose that one on the States but not -- not the explicit guarantee of the right to keep and bear arms. That seems very strange.
