|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|07-290||D.C. Cir.||Mar 18, 2008||Jun 26, 2008||5-4||Scalia||OT 2007|
Holding: (1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. (2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the amendment or state analogues. The court's opinion should not be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. The holding in United States v. Miller that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. (3) The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District of Columbia's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the court has applied to enumerated constitutional rights, this prohibition -- in the place where the importance of the lawful defense of self, family and property is most acute -- would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Dick Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the district must permit Heller to register his handgun and must issue him a license to carry it in the home.
Judgment: Affirmed, 5-4, in an opinion by Justice Antonin Scalia on June 26, 2008. Justice Stevens filed a dissenting opinion, in which Justices Souter, Ginsburg and Breyer joined. Justice Breyer filed a dissenting opinion, in which Justices Stevens, Souter and Ginsburg joined.
Supporting petitioner or neither party
Today, for the first time in 10 years, the Senate Judiciary Committee advanced the Cameras in the Courtroom Act, which would require video recording of Supreme Court oral arguments and opinion announcements.
Text - S.807 - 117th Congress (2021-2022): Cameras in the Courtroom Act
Text for S.807 - 117th Congress (2021-2022): Cameras in the Courtroom Act
In clash between private property rights and pro-union interests, the Supreme Court invalidates a California regulation that requires agricultural employers to allow union organizers onto their property to speak with workers. SCOTUS says the regulation violates the 5th Amendment.
BREAKING: In major First Amendment case on student speech, the Supreme Court rules 8-1 in favor of a former high school student who was disciplined by her public school after sending a vulgar message on Snapchat complaining about the school's cheerleading squad.
In the second Supreme Court opinion of the day, the court holds that the structure of the Federal Housing Finance Agency (which regulates Fannie Mae & Freddie Mac) is unconstitutional because of the limits on the president's ability to remove the agency's director.
The Supreme Court issues its opinion in the "hot pursuit" case -- a case about when police can follow a fleeing suspect into a home without a warrant. In an opinion by Kagan, the court declines to adopt a bright-line rule on "hot pursuits" of people suspected of misdemeanors.
The Supreme Court will release one or more opinions at 10:00 a.m. Join us on the live blog beginning at 9:45. https://www.scotusblog.com/2021/06/announcement-of-opinions-for-wednesday-june-23/
After the Supreme Court handed down three opinions this morning, 12 cases remain outstanding for this term. They include voting rights, student free speech, and anonymous donors. We expect more opinions on Wednesday, June 23 at 10:00 a.m. ET.
We will open the live blog at 9:45.
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