Federal Court rules States can ignore US Constitution

By JESS BRAVIN (Wall Street Journal)

A federal appeals court in Chicago ruled Tuesday that the Second Amendment doesn't bar state or local governments from regulating guns, adopting the same position that Judge Sonia Sotomayor, President Barack Obama's nominee to the Supreme Court, did when faced with the same question earlier this year.

Last year, the U.S. Supreme Court cited the Second Amendment to strike down a handgun ban adopted in 1976 by the Washington, D.C., City Council. The court, by a 5-4 vote, found that the amendment protected from federal infringement an individual right to "keep and bear arms."

The decision applied only to the District of Columbia, a federal enclave that is not a state. It left open whether the amendment also limits the powers of state government.

A string of 19th century Supreme Court decisions limited application of the Bill of Rights to state governments. During the 20th century, the Supreme Court held that certain constitutional rights, but not the Second Amendment, could be enforced against the states.

Gun-rights groups challenged ordinances in Chicago and Oak Park, Ill., as unconstitutional in light of the Supreme Court's decision last year. A federal district judge rejected their arguments, a decision affirmed Tuesday by the Seventh U.S. Circuit Court of Appeals.

Writing for a three-judge panel, Judge Frank Easterbrook observed that an 1886 Supreme Court decision limited the Second Amendment to the federal government. While that decision might be a "fossil," the lower courts have no power to overrule a Supreme Court opinion even if they suspect the high court may be inclined to do so itself. It was "hard to predict" what the Supreme Court would do should it consider the question in future, Judge Easterbrook wrote.

Judge Easterbrook and the two other Seventh Circuit judges were all appointed by Republican presidents. Judge Easterbrook wrote that they agreed with an unsigned Second Circuit opinion that in January rejected a Second Amendment challenge to a New York state law barring possession of nunchuka sticks, a martial arts weapon. That panel, in New York, included Judge Sotomayor and two other judges appointed by President Bill Clinton.

In San Francisco, however, a Ninth Circuit panel earlier this year held that the Second Amendment applies to state governments, even as it upheld a local ordinance banning guns from county property. One judge was appointed by a Republican president, the other two by Democrats.

Were they to follow the Ninth Circuit's reasoning, Supreme Court "decisions could be circumvented with ease," Judge Easterbrook wrote. "They would bind only judges too dim-witted to come up with a novel argument."

The split among the circuits increases the likelihood that the Supreme Court will step in decide the Second Amendment's application to state weapons laws.

If confirmed to the Supreme Court, Judge Sotomayor would not be bound by prior high court decisions and could provide her own analysis of the Second Amendment's application.

Write to Jess Bravin at jess.bravin@wsj.com

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Tags: Constitution, Court, Federal, Read, States, US, can, ignore, rules

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Comment by Midnight Rain on June 3, 2009 at 3:54pm
This only provs a point made log ago. The government is trying to limit freedom and take it away altogether. They have no right to do this. We as humans have a right to protect ourselves from ANY harm. The Supreme court none the less is the one making this decision. The Supreme court is suppose to do everything in there power to uphold the constitution and now they are going aginst it. That doesn't make any sence. Now if this doesn't say that the government is curropt, I don't know what will.
Comment by theGIC.org on June 3, 2009 at 3:45pm
While our presence in this plane of consciousness is a mere illusion, as a participating consciousness experiencing this human form, I choose not to allow the "Truth Keepers" to rule this world with such disregard for human individual sovereign rights. We must speak out and be the bearers of Light in these matters, or our purpose will be lost as Lightworkers incarnated in this time of human history. Philosophizing and practicing our beliefs and wisdom is obviously not the complete solution. Action in political matters has become a must. Run for office, demonstrate, rally and educate, but do not "love" this away. Do not accept that this is how it must be for it is in the way of things, as we are obviously a part of the story and are intended to participate in this worlds governance, even if it is only to protect our right of self-governance.

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