Page 14 - Second Amendment Case News Today

Of one. is the interpretation of the equal protection clause in u.s. v virginia consistent with if original public meaning? >> the majority in that case argued that it was. and the majority said that the words call protection of the laws -- whatever the secret harbored intentions of the writers had an original public meeting was quite radical and significant. and that was what the majority of the supreme court of the united states held. >> you would agree then when you look at other things would...

Among many or a description of what judges do? >> im with just case kagan on this, its what we all want to know. i dont know a judge who wouldnt want to know what the original understanding is of a particular term in the constitution or statute. thats information that would be value to believe any judge and considered by any judge. again in heller, for example, second amendment case, deeply thoughtful opinions. by both sides on that question. it doesnt necessarily decide the case, but it revises...

Gosh, 50, 60 years. i can point you to a case which ive applied it and i think might give you what youre looking for in terms of comfort and how i apply it. bustos versus a&e network. involves a prisoner concerned that he was misrepresented as a member of the arian brotherhood. he claimed he wasnt a member a fellow traveler. sought damages for that. our court declined to grant that relief saying that substantial truths is protected even if its not strictly true. much more is required by if first...

The framers possibly imagined modern contrivances, modern contraptions. well, thermal images did not exist in the 1700s. >> right. >> the framers had no idea what it was. under the caricature that some of the democrats have suggested you would assume the originalists in the case would all line up on the side of saying well gosh the fourth amendment doesnt cover that. and yet the kilo case, the majority fin, 5-4 opinion was written by justice scalia, perhaps the leading originalist on the board. ...

Childhood hero. and to actually get picked out of the pile to spend a year request him as senator lees dad did -- thats something we share in common, too -- was, and remains, the privilege of a lifetime. and it has everything to do with why im here. i wouldnt have become a judge but for watching his example. and the humility with which he approached the job. and i dont mean a phony humility. i mean a real humility, every day. he always said two heads were better than one. hed sit down in my offi...

Particular. thats been a thread. listen to what he said about that today. >> im not going to say anything here that would give anybody any idea how id rule in any case like that that could come before the supreme court or my court of the tenth circuit. it would be grossly improper. >> shepard: there you go. want the controversy over comments he made while teaching a little class? much was made of this by those on the other side. >> yeah, a student that came forward that said there was some conve...

Is just one judicial philosophy among many? or a description of what judges do? >> i think its what we all want to know. i dont know a young who wouldnt want to know what the original understanding is. of of particular term in the constitution. or statute. thats information that will be valuable to any judge and considered by a judge. again n heller, for example, second amendment case, deeply thoughtful opinions by both sides on that question. it doesnt necessarily decide the case. but it revise...

Burden on somebodys religious freedom, theres a very high bar on that. so he said all i did is follow the law. im not favoring a party. i dont prejudge parties or cases when they come before me. he said my reading of the law working through that is that hobby lobby had a case here. he wrote with the little sisters the group of nuns that challenged that mandate. he said i want you to know that that law has been applied in a muslim prisoner a native american prisoner that wanted to observe their r...

What does that text mean? what could a reasonable reader understand that text to mean? my favorite case when i teach this stuff and talk to my law clerks about it is the fish case. the statute read something like -- i wont get it exactly right. when you if you destroy e-mail documents or other tangible objects when you know the cops are after you, you go to jail. what does that mean in the context of a fisherman that knows the coast guard is after him and he has an illegal catch and he throws it...

I hope one turns out to be president. >> thats wonderful. how about like the air force? i agree with you. thats good. so in that case you say we cant take it at its literal words. so the constitution also says congress has authority to oversee the land and naval forces, but theres no mention of the air force. i assume you believe that would include the air force because if they knew an air force existed, they would have included the air force back then. >> senator i think the generals of the air...