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discntnt_irny_srcsm

(18,605 posts)
6. The history of AWB type laws...
Sat Oct 8, 2016, 08:28 AM
Oct 2016

...rearticulate the Justice Potter Stewart idea of "I know it when I see it." I do applaud Justice Stewart's decision in that case as he found for the defendant position in that the work at issue was protected free speech. The differences here are, first that Ms Healey is not a judge and should not engaging in interpretation of the law and, second that it is her actions that serve to restrict rather than protect actions previously permitted under the law.

"I know it when I see it." is the biggest and lamest cop out around. Not only does it smack of capricious enforcement but highlights the degree of lame incompetence possessed by, in this case, the AG. The history of successful judicial challenges naming 2A rights has mostly been a rejection of laws which offend the Constitution and, especially, the Bill of Rights. In this case the suit is over the whim of an executive in the enforcement of a law.

In going a step beyond the writing of some of these laws which Miller and MacDonald crushed, the AG's announcement moves on from "I know it when I see it" to "It is what I say it is."

This announcement has made news nationwide as has the suit I mentioned in the OP. In my opinion, this action will undermine the imminent Senate elections. The Senate elections feature 11 Senate seats without clear incumbent party majority support and 10 of those are currently held by Republicans.

AG Healey is gambling a possible Senate majority for personal publicity. Anyone with any sense sees where this case is going.

Aren't Senators the ones who confirm SCOTUS nominees? Pro-control isn't about some innately Democratic ideal. It's about self-serving politicians.

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