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How will Breyer and Stevens vote?

Posted: Wed Dec 12, 2007 3:47 pm
by frankie_the_yankee
With the Heller case coming up for arguments and a likely ruling in late Spring or early Summer, I am curious as to how people think that Justices Breyer and Stevens will vote.

Will they vote to overturn thet DC gun bans and affirm that the 2A is an individual right?

Will they vote to overturn thet DC gun bans but write concurring opinions upholding the collective rights theory?

Or will they vote to uphold the DC gun bans and of course uphold the collective rights theory either (God forbid) in the majority opinion or in dissent?

Posted: Wed Dec 12, 2007 5:54 pm
by Kalrog
You forgot uphold the ban and affirm 2A as an individual right as a choice... and yes I could see that being the opinion presented by at least one justice in either a dissenting or concurring opinion. I don't know that either of these two would do it though.

Posted: Wed Dec 12, 2007 7:07 pm
by frankie_the_yankee
Kalrog wrote:You forgot uphold the ban and affirm 2A as an individual right as a choice... and yes I could see that being the opinion presented by at least one justice in either a dissenting or concurring opinion. I don't know that either of these two would do it though.
I guess I saw them as mutually exclusive, but maybe not.

If I could figure out how to edit the poll questions I would add that one.

Posted: Wed Dec 12, 2007 7:26 pm
by Kalrog
frankie_the_yankee wrote:I guess I saw them as mutually exclusive, but maybe not.
Remember - we are talking law. NOT common sense.

Honestly, I don't really know how ANY of them will vote on this one...