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June 8, 2015

SCOTUS grants cert on a federal case concerning restraining assets for hiring defense counsel and denies cert in notable gun case

The Supreme Court started its work this morning with this order list that include a grant of certiorari in one federal criminal case, Luis v. US.  This SCOTUSblog page provides this account of the issue the case presents:

Whether the pretrial restraint of a criminal defendant's legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments.

In addition, at the end of the orders list, the Justices denied cert in a gun case from San Francisco, which prompted a lengthy dissent by Justice Thomas (joined by Justice Scalia). Here is how that dissent begins:

“Self-defense is a basic right” and “the central component” of the Second Amendment’s guarantee of an individual’s right to keep and bear arms.  McDonald v. Chicago, 561 U. S. 742, 767 (2010) (emphasis deleted).  Less than a decade ago, we explained that an ordinance requiring firearms in the home to be kept inoperable, without an exception for self-defense, conflicted with the Second Amendment because it “ma[de] it impossible for citizens to use [their firearms] for the core lawful purpose of selfdefense.”  District of Columbia v. Heller, 554 U. S. 570, 630 (2008).  Despite the clarity with which we described the Second Amendment’s core protection for the right of self-defense, lower courts, including the ones here, have failed to protect it.  Because Second Amendment rights are no less protected by our Constitution than other rights enumerated in that document, I would have granted this petition.

As I have noted in lots of prior posts in the wake of the Heller and McDonald rulings, if it is really true that "Second Amendment rights are no less protected by our Constitution than other rights enumerated in that document," a lot of laws criminalizing and severely punishing mere gun possession by those with a distant criminal past might be constitutionally suspect.  But this dissent from Justice Thomas, which garnered only one additional Justice, confirms my belief that the majority of the Supreme Court does not really agree that the Second Amendment works just like most other rights protected by the Constitution.

June 8, 2015 at 10:07 AM | Permalink

Comments

John Oliver had a good segment on bail last night.

Posted by: Joe | Jun 8, 2015 10:51:42 AM

Scalia and/or Thomas very well might not be overly sympathetic about the right of "felons" either and dicta in Heller (written by Scalia) can be so cited. They also aren't out there railing against convicted child molesters having their association rights negatively affected in various ways etc.

So, this non-grant only goes so far there.

Posted by: Joe | Jun 8, 2015 1:40:06 PM

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