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Monday, May 19, 2008
Phyllis Schlafly :: Townhall.com Columnist
Appeals Court Shoots Down New York City Gun Law
by Phyllis Schlafly
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The media have been telling us to watch the gun-control case now before the U.S. Supreme Court, where we await a decision about Americans' Second Amendment rights. But the 2nd U.S. Circuit Court of Appeals just handed down an equally important gun decision that has additional implications against judicial supremacy.

The court, which convenes in New York City, shot down the longtime liberal dream of achieving gun control by suing gun manufacturers for crimes committed by firearms. In a remarkable decision, this federal appellate court dismissed City of New York v. Beretta U.S.A. Corp. and protected gun corporations against frivolous lawsuits in state and federal courts.

The lawsuit was brought by the City of New York in order to seek control over gun suppliers. At stake was not merely money but also whether liberals would obtain from judicial activists the gun control that the liberals could not get from legislatures.

This decision provides a road map for how Congress should withdraw jurisdiction from judicial supremacists in other fields, too. The decision is a sweeping affirmation of Congress' power to stop future and pending lawsuits in federal and state courts.

This ruling broke an alarming trend of judicial supremacy and stopped outrageous lawsuits that tried to impede the sale of guns because of illegal acts committed by New York City residents and others. Billionaire Mayor Michael Bloomberg was left empty-handed in his attempt to sue businesses concerning crimes committed by residents of his city.

The lawsuit cited the harm from gun sales while ignoring evidence that the benefits far outweigh the harm. The trial court sided with Bloomberg, but the appellate court said "no" and put an end to the nonsense.

Congress had legislated the basis for this decision by passing the Protection of Lawful Commerce in Arms Act in 2005. The PLCAA protects against a "qualified civil liability action," defined broadly to include almost any lawsuit brought against a gun manufacturer or seller based on "the criminal or unlawful misuse" of a firearm distributed in interstate commerce. On the day it was signed into law by President George W. Bush, gun manufacturers moved to dismiss this case, and the 2nd U.S. Circuit Court of Appeals has now enforced the law.

The appellate court rejected an argument that this law denied access to the courts. New York City can and does sue all the time, but Congress properly rejected the ridiculous notion that the city could sue businesses over a typically beneficial product that was later used illegally.

Should General Motors Corp. and Ford Motor Co. be held liable for crimes committed by drunk drivers, or baseball bat suppliers be sued for criminal beatings inflicted with their products? Of course not. It was an outrage that courts even entertained such actions against gun manufacturers and suppliers.

If Congress had not effectively withdrawn jurisdiction, gun manufacturers would be reluctant to produce guns and many might go out of business. This intimidation would deter the lawful sale of guns.

That's exactly what gun-control advocates have long wanted: legislation from the bench that they could not persuade real legislatures to pass. A majority of legislators, who are elected, see the absurdity of gun control and recognize the valuable self-defense function of guns.

The role of judges should be (as U.S. Supreme Court Chief Justice John Roberts repeated in his confirmation hearings) like that of baseball umpires: calling the balls and strikes, but not changing how many strikes constitute a strikeout. Judges should interpret ambiguous laws fairly but not legislate from the bench.

Gun control has become so unpopular that not even the Democratic presidential candidates dare brag about their views. Instead the anti-gun crowd hopes to get what it wants from supremacist judges.

Misuse of courts to obtain a result contrary to the will of the American people should not be allowed on other vital issues. Congress should also take away from judges issues such as the Pledge of Allegiance, the Ten Commandments, the Boy Scouts, and the definition of marriage.

Take another example: Federal courts should not entertain lawsuits by illegal immigrants against local ordinances that enforce U.S. immigration laws.

This refreshing gun decision by the 2nd U.S. Circuit Court of Appeals signals the way for Congress to return the judiciary to its proper place in our constitutional separation of powers system. In the previous Congress, the House of Representatives did pass bills to curb court mischief about the Pledge of Allegiance and the definition of marriage, and now it's time for the U.S. Senate to step up to the plate and take action against judicial supremacists.

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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The courts
Just when you think that courts are incapable of intelligence and common sense, one of them fools you. That this opinion came from a court in New York is all the more astonishing.

Thanks to Bush and
bis appointments of Alito and Roberts, we are gong to get more rational and substantive verdicts from most courts.

With the upholding of the 2nd amendment, perhaps some of the other liberal claptrap that has interferred with and crippled society--like the 1969 student' rights verdict Tinker, the infamous Roe v Wade, the terrible Cohen v CA--the officiall recognition of F*CK as a common word--will be ameliorated or lessened by a more legally based rendering of verdicts--

unlike the new CA Sup. Ct. ruling that trashed the state's const. looking for blessings on homosexual marriages that the judges want, against the express and voted upon wishes of the CA population.

A correction, Renny

Though California Supreme Court did rule against the will of the voters in their ruling last week on same-sex marriage, they were actually within their powers because the Initiative that defined marriage as "between one man and one woman" was a legislative initiative -- which means it creates a law -- and not a constitutional initiative (which maneds the state constitution).


We already have another initiative qualified for the November ballot on the same issue, and this time it's a constitutional initiative, so it will amend the state constitution if it passes, and the courts will have no power to rule on it.

FYI.

Gun Control Activists
Should be deported to those safe countries that practice gun control... China, North Korea, Koobah, "Great" Britain, Australia, Roosha, etc... No crime there!!!

"...the right of the People...
...to keep and bear arms..."

Somehow it seems odd that this should even need a court.

Kudos
This is a great example of the few things the Republicans did during their six years in the majority with a Republican president. The only problem is that every politician - including Democrats - is afraid of the pro-gun vote. So it's no wonder legislation like this would pass. Still, they deserve credit for it.

It's also a reminder for conservatives who, like me, will not vote for McCain to resist the temptation to stay home on Nov 4. Get out and enthusiastically support those good Republican legislators who are still conservative. Do not allow one bad Republican, or even a handful in Congress, to demoralize you. If you stay home, they will be confused about the message you're trying to send. If, on the other hand, conservatives win and liberals/moderates lose, the message will be unmistakable.

Lestat
"If you stay home, they will be confused about the message you're trying to send. If, on the other hand, conservatives win and liberals/moderates lose, the message will be unmistakable."

I agree. However; I think the more likely outcome is lib wins, RINO loses, but I want RINO to see 10-15% of the vote went to a real conservative. More than enough to make up his/her shortfall. Retaking the govt. won't be a quick and easy project, but this would be an outstanding start.

...the rights of the People shall not be
infringed... Somehow many judges and courts fail to find those words in the Constitution. I'm glad at least a few of them do. And not just in gun cases like this one, although I do cheer.

We need the same consideration given to the law in California about gay "marriages", to the belief that all are innocent until guilty before the law in the CPS vs. FLDS children problem in Texas, and to numerous other problems around the country.

Obama and Uran
Subject: Obamas scariest statement yet
"Islam can be compatible with the modern world. It can be a partner with the Christian & Jewish & Hindu & Buddhist faiths in trying to create a better world." Barak Obama 2008
Democratic Compassion Forum at Messiah College Apr 13, 2008

compatible = capable of existing together in harmony.
Islam is a 700 AD religion and has NO rights for women.

partner = to join as a partner.
Islam and the Jewish religion partners?
================================================

Of all the things Obama has said this is by far the scariest.

Obama thinks Hamas and Iran can become partners with America and Israel?

“At the “World Without Zionism” conference held in Tehran in October 2005, as the crowd
chanted “death to Israel, death to America, death to England,” the Iranian President
Ahminajead said...with the help of the Almighty, we shall soon experience a world without America and Zionism, notwithstanding those who doubt.”

Obama is talking about negotiating with the madman from Iran who has stated in no uncertain
terms that America and Israel will be destroyed im Ahminajeads lifetime?


Lestat
"message will be unmistakeable". Wrong. The dadblamed RINOs have managed to ignore everything else. I have no solid belief the current crew of Republicans will get it. After all, Specter got re-elected and McCain is the candidate. Nobody cares about a few POed conservatives. However, over time real left wingers will replace the leftie-lites, or real right wingers will appear and replace them. Good riddance. Does any body out there know of any RINO who was replaced in the primaries this year? Doesn't look good.

Does this mean...
I cannot sue the company that made my lawnmower because I tried to use it to cut my wife's hair and instead cut her head off?

Darn... I thought I had a good case.

After all, there wasn't a sticker on the mower that warned me against using it as a hair trimmer.

Maybe I should have used the weed whacker? I noticed it doesn't have a warning label.


A Hypothetical
How fascinating it would be to somehow resurrect the framers of the constitution, assemble them in a room, and after explaining to them how we brought them back and after they've accepted the idea, confront them with this: Many in America believe that you intended two men to get married and live as man and wife, but that you did not mean for the people to be able to bear arms.

Imagine their response, especially when they're told that the most fervent believers of these two absurdities are among the highest educated of our current society.

I wonder if they would conclude that all their efforts were for naught and that perhaps they should have stayed in Europe.

Savage99
A "few" PO'd conservatives? Better check this out:

http://blog.nrcc.org/




Lonely Conservatives?
Subject: Lonely ?
Peter J. Wirs, "The Maytag Repairman" of TownHall.

Your chosen title will be an instant turnoff to many dissatisfied customers.

"Uniting McCain and Conservatives", will never happen until we are all on the wrong side of the daisies, looking up.

Try running conservatives for a while, then you won't need to try uniting. We will do that for you.

I will try the site you mention if I can access it.

~~~~~~~~~~~~~~~~

From
Uniting McCain and Conservatives: Here's How We're Going to Do It
By Peter J. Wirs
So, here’s what we are going to do. Go to http://www.GOPonDemand.com. Click the GRIPE page and specifically elaborate

~~~~~~~~~~~~~~~~
Gripe site...
OK, the link worked.

By the way, this is about the lousiest format I've seen yet.

Try black letters on white background, and larger font.

That is, if we curmudgeons are allowed on the site.

It's about time
That a court actually enforced the law rather than rewriting it.
Shooting down the anti gun crowds latest attempt to ban guns by driving the manufacturers into bankruptcy by constantly defendinig themselves against frivoulous lawsuits is one of the best decisions ever to come out of any court in this country.

I picture Bloomie choking on his bagel
And about time too!!! Even the normally conservative NY Post regularly runs stories under the image of an autoloading pistol called "The Gun Menace". I can't believe that. I expect if from the Daily Snooze where Pete Hamill annually runs to the NRA convention and writes the SAME column every year.

He gripes about all the folk from non-urban areas enjoying guns and all the po' folk in the 'hood getting shot as if the two are connected. He NEVER says anything about violent rap, violent video games, the Great Society's victory in DESTROYING the integrity of low income inner city families. No, it MUST be the guns and the "eeevilll" NRA which "shills" for the gun manufacturers.

He ignores the fact that the NRA is the biggest promoter of gun safety on the planet and is made up of millions of ordinary Americans. In his warped liberal mind the NRA must be some shadowy Neo-Nazi junta determined to see inner city kids on slabs in the morgue. He needs to spend a few months in the rural parts of the country and CONNECT with these people not just pontificate from his lofty tower of liberal ivory.

-Ray
NRA Life Member

I have come to the conclusion
that the longtime "progressive" obsession with abolishing the ownership of firearms by law-abiding citizens is directly tied to their equally long-standing fascination with "national health care", their determination to establish taxpayer-funded abortion on demand, and their equally strong determination to abolish the death penalty.

Simply put, they are obsessed with a dream of being the only ones around who have a very specific, but also very far-reaching, power.

Namely, the power to decide who lives- and who dies.

With no back-talk from the rest of us.

(Or they'll have their hired guns shoot us for our effrontery.)

And Michael Bloomberg has just conclusively proven that you don't have to be a Democrat to be a "progressive".

The people of New York City should now prove to him that he doesn't have to be mayor, either. Dogcatcher, maybe- but not mayor.


cheers

eon

Good news...
Good news is in short supply these days and this is good news.

I agree uncle
I'm so happy to see a court do what it is meant to do. Now, if we could just get some good judges out in Frisco...

Thanks
Let us outlaw forks, knives, blunt objects, ropes, and any other object that kills. Because we know how dangerous these inanimate objects are. They like to kill people. Oh! Wait! Are you telling me an inanimate object doesn't kill, that the person using the object kills. Ok, lets outlaw babies, they are just going to grow up and kill someone.

I was delighted
to see that this case has finally been resolved as I had some modest hand in moving it forward before I moved up here to the land where nothing ever moves forward and everybody cries about it because "What can you doooooooo?"

The lawyer I worked for had a sign on his computer that said "Fight Crime: Shoot Back."

Bloomberg is an IDIOT!
Try Smoking or eating French Fries in NYC. Moron Bloomberg will PERSONALLY shoot you!

Courts Support the Constitution
It's about time that the courts got back to doing what they're supposed to be doing - interpreting the law, and not making it!


Gimmee A Tank!!
If these gun-grabbers interpreted the 2nd Amendment as loosey-goosey as they do the 1st, it would be legal for me and my family to drive through South Central Los Angeles in an armored personnel carrier.

Come to think of it, that wouldn't get 'er done. An Abrams M1 Battle Tank would be far safer.

BTW, even though they don't say much about it, the cops don't even patrol many of these areas anymore. Yeppers, but the mayor and police chief want the rest of US to toss our guns. And forget CC Permits. Not bad enough they can't even protect law-abiding people anymore, but they want to grab their guns and deny CC permits on top of it! Hell, why not just hand out death sentences and be done with it?

Logic shields at full, Captain!!!!
Libtards have a mental force field around their massively thick skulls. NO logic or facts which contradict their rose-colored visions from high atop their lofty ivory towers can penetrate.

All but 4 states as I recall now have CCW laws of some kind. Some are very lax some have a few restrictions. If Illinois or any other none CCW state tries to pass such a law (penguins will be tanning before that happens in NY State) the same bloviators will be out in force.They will repeat the SAME shrill cries they tried at least 38 times before when they lost at the polls or in a legislature: "Blood in the streets!" "It will be the OK Corral at every fender bender" "Crime will soar" "Thousands of innocents will die" "Gun owners only want an excuse to shoot somebody", ad nauseum.

Not once have these latter day Jeremiahs been right yet the press gives them a river of ink to trot out the same drivel every time CCW is brought up. NOW we have the least vetted candidate for President in American history claiming that repealing the CCW laws will "save lives". Where? WHAT lives, the muggers, burglars, rapists and car jackers? Probably a large part of his voting block.

-Ray
NRA Life Member

Rule by Court and Senate Majorities
“Congress should also take away from judges issues such as the Pledge of Allegiance, the Ten Commandments, the Boy Scouts, and the definition of marriage.”

If Congress has the power to reverse virtually all U.S. Supreme Court decisions, and it does, then its failure to do so makes Congress complicit in the Court’s law making and constitutional amendments.

The reasons for this complicity are several. First is the Senate’s rule requiring a 60% majority to shut off debate on a bill. Thus while a simple USSC five to four, 55.56%, majority can illegally amend the Constitution at will, it requires a legal 51 to 49, 51%, Senate majority to cancel an illegal USSC amendment.

Second, the President, Congress, and the USSC can collude to illegally amend the Constitution, as was done during the Roosevelt-Truman administrations when the two appointed, and the Senate approved, 9 simultaneously serving Masons to the USSC, who in 1947’s Everson v. Board of Education then amended the Constitution to impose separation of church and state, that is, to de-Christianize America. This was soon followed by Senator Lyndon Johnson’s silencing of the churches by removing their tax exemption should they speak out politically - the very ability that made our separation from England possible.

Note also that the House has the ability to start impeachment proceedings against the USSC members. However, impeachment and removal cannot be done without getting at least 60 Senators to agree.

Our great fear then should be 51 lawless Senators of like mind, compounded by or acting in concert with 5 agreeable USSC Justices appointed by the President and confirmed by the Senate. This makes even the slimmest Senate majority so powerful.

New York City lawsuit dismissed
Can't the anti-gun dimwits who are behind the lawsuits see the potential damage to national security should the gun companies be forced out of business? If Beretta USA, Colt and any others who manufacture arms for the military are forced out of business, who will the military buy from--Communist China? And how about all the people who would lose their jobs because the do-gooders behind the lawsuits were to bankrupt the gun companies. Those insensitive SOB'S care for nothing except their socialist/communist we-know-what's-best-for-your agenda!
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