Showing posts with label Justice Anthoney Kennedy. Show all posts
Showing posts with label Justice Anthoney Kennedy. Show all posts

Sunday, June 28, 2015

Supreme Court Ruling On Gay Marriage May Pave Way For Expanded Gun Rights…

With the high court’s latest ruling on same-sex marriages, some contend the decision could lead to increased gun rights, specifically national CCW reciprocity, by using the same argument.
Friday the U.S. Supreme Court ruled 5-4 that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and recognize those sanctioned by other states.
“No longer may this liberty be denied,” Justice Anthony M. Kennedy wrote for the majority in the landmark decision that arguably made same sex marriage a reality in the 13 remaining states that continued to ban the practice.
With similar logic applied, gun rights advocates argue that the nation’s patchwork of firearms laws governing the concealed carry of handguns are now circumspect under the same guidelines. In short, they reason if marriage equality is guaranteed from state to state, then so should concealed carry rights.
“To paraphrase what Associate Justice Anthony Kennedy said about same-sex marriage,” noted Citizens Committee for the Right to Keep and Bear Arms Chairman Alan Gottlieb in a statement Friday, “no right is more profound than the right of self-preservation, and under the Constitution, all citizens should be able to exercise the right of self-defense anywhere in the country. It disparages their ability to do so, and diminishes their personhood to deny the right to bear arms they have in their home states when they are visiting other states.”
While every state has a framework to issue concealed carry permits, they are under no obligation to recognize those issued by other states and territories. For example, Illinois and Hawaii only recognize permits issued by their respective jurisdictions. In contrast, Ohio recognizes licenses from any other state regardless of whether Ohio has entered into a reciprocity agreement.

Monday, June 15, 2015

The voice of opposition past, Justice Kennedy may save Obamacare now

WASHINGTON (Reuters) - Justice Anthony Kennedy was furious when a majority on the U.S. Supreme Court upheld President Barack Obama’s healthcare law. As he read the dissenting opinion from the bench three years ago, his anger was palpable. The majority regards its opinion “as judicial modesty," he declared. "It is not. It amounts instead to a vast judicial over-reaching.”
That was Kennedy on June 28, 2012.
Now, as the country awaits a ruling in the second major challenge to Obama's signature Affordable Care Act, a question is whether the justice who was the voice of the opposition then could provide the critical fifth vote to uphold the law on the nine-justice court now.
At stake are the tax-credit subsidies that have helped low- and moderate-income Americans obtain health insurance. The challengers say the government unlawfully extended those subsidies to states that did not create local insurance exchanges but instead relied on the federal exchange. If the court strikes down the subsidies, millions of Americans in at least 34 of the 50 states could lose coverage.
Five years after its passage, the Affordable Care Act has become ingrained in American life even as it remains politically divisive. “This is now part of the fabric of how we care for one another," Obama, a Democrat, declared in a speech last week. Republicans have called for repeal and among the related lawsuits simmering in lower courts is a dispute brought by Republicans in the U.S. House of Representatives over Treasury Department payments to healthcare insurers.
IMPOSSIBLE TO PREDICT
In the case before the court, the unique issue along with Kennedy's record and his comments in oral arguments raise the possibility he will join the four liberal justices to endorse the law. Three years ago, his fellow conservative Chief Justice John Roberts cast the swing vote with the liberals to uphold the law. It marked a rare episode when Kennedy, the usual key justice on this divided bench, did not control the outcome of a momentous case.
It is impossible to predict with confidence how the court will resolve the case, King v. Burwell. A ruling is anxiously awaited by officials in Washington and the insurance and healthcare industries nationwide.
What is known: Two days after the March 4 oral arguments this year, the justices, per their usual practice, took a vote in a small conference room off Chief Justice Roberts’ chambers. The most senior justice on the winning side then assigned the opinion for those in the majority; the senior justice on the dissenting side tapped a writer for the main dissent. Drafts of dueling opinions began circulating among the chambers.


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