The Heller Vs Dc Decision-supreme Court-the Reality

I, for one, was really happy about the Supreme Court’s decision regarding “Heller vs DC”. For once—the Anti-Gun crowd has taken a hit, in their claim that the 2nd Amendment wording “Right of The People”, does not in fact mean “The People–Citizens–Just Me and You”. The Supreme Court has determined otherwise. Not only was this a “Blackeye” for the Anti-Gun crowd, but also a reason of celebration for the Pro-Gun crowd, and indeed, alot of us did celebrate! However–Let’s look at this “Victory” very carfully!

The Justices determined that the wording, did indeed refer to the people, giving the people the “Right to keep and bear arms”. A more in depth reading of the decision, clarifies the true judgement of the Justices.

 

1. “…violate the Second Amendment Right of individuals…”
THE COURT RULED TODAY THAT THE SECOND AMENDMENT IS AN INDIVIDUAL RIGHT, AND THE BAN VIOLATED IT.

2. “…who are not affiliated with any state-regulated militia…”
THE COURT RULED TODAY THAT MILITIA STATUS IS IMMATERIAL.

3. “…handguns and other firearms…”
THE COURT RULED TODAY THAT HANDGUNS ARE INCLUDED, THOUGH SOME ROOM WAS LEFT FOR VERY NARROW TYPES OF GUN BANS

4. “…for private use in their homes.”
THE RULING TODAY WAS LIMITED TO “IN THE HOME” AS THAT WAS ALL THAT WAS IN FRONT OF THE COURT

This is definitly a victory in our quest for the True wording of the Second Amendment—But the True Battle has just started. San Francisco and Chicago are the first targets of the NRA and Pro-Gun groups. The decision of the Supreme Court will be the focal point of these lawsuits, and you can be certain, that the lawyers for these cities will have one thing on their mind—The Supreme Court ruling Did Not eliminate the power of the States to pass “Reasonable” laws to protect their citizens. What is “Reasonable”? That makes a good question for a Second “Supreme Court Decision”.

The fact is–There will be numerous “Reasonable” laws passed, ( Or shall we say Reasonable Infringements ), by numerous Cities and States, using the LOOPHOLE, that the Supreme Court Ruling has provided ( See Numbers–3 and 4 ). This is the upcoming battle, Not a challenge of the Justices decision—-a Challenge of what the Justices Did Not Decide.

For more Information on the Second Amendment–We The People

 

 

The Politics of Gender/Ethnicity in Appointing the Next Supreme Court Justice

Justice David Souter has confirmed rumors of his retirement from the United States Supreme Court with a call to President Obama at the White House. Now comes speculation on who will replace him.

This will be the first Supreme Court appointment for a Democratic President in more than fifteen years. The pick will most likely not change the ideological balance of the Supreme Court in that Souter was a liberal minded justice contrary to what was thought his leaning at the time he was appointed by then President George H. W. Bush.

As might be expected, another liberal leaning justice will most likely be the pick. There is strong support for a female to be the replacement as there is only one female on the court as of now, Ruth Bader Ginsburg, seventy six years of age and not in the best of health having battled cancer several times during her tenure.

This can be discerned by early discussions from liberal and feminist organizations weighing in on this as soon as it was rumored that Souter would be retiring leading one to assume they had been ready for any announcement of any retirement of justices several of whom will undoubtedly consider it soon.

“We’re looking for President Obama to choose an eminently qualified candidate who is committed to the core constitutional values, who is committed to justice for all and not just a few.” So says Nan Aron, leader of the ultra-liberal/activist Alliance for Justice. Read: “We are looking for another liberal on the court to maintain the status quo.” They will undoubtedly push for a woman. It will be interesting to see their positions and recommendations.

Now it gets sticky even if we assume President Obama will pick a liberal justice. Pressure will be on him to choose a woman – big time. Here we get into the arena of gender and/or ethnic politics. Critics of the Supreme Court have long accused it of being a bastion of conservative white males not reflective of the population as a whole. Cries have long echoed from various women’s groups to even the playing field by appointing more women to our nation’s highest judicial group.

Several women possibilities have been mentioned as candidates including Judge Diane Wood of Chicago, Judge Sonia Sotomayor of  the appeals court in New York, and Judge Kim Wardlaw of the U.S. 9th Circuit among others. It will be interesting to see the complete list of women who surface as potential nominees.

President Obama has not committed himself to appoint a woman as a matter of principle. He iterates he is looking for a good constitutional law candidate, one imminently qualified to do the job and not necessarily a candidate from this or that political activist group. But don’t underestimate the pressure from women’s groups to do just that. It will be immense and unrelenting to the point of being nearly insurmountable and not politically feasible to ignore. And ethnic groups, mainly the Hispanics, will weigh in heavily on nominating one of their choices.

So the waiting begins. Will feminists prevail on the President? Will Hispanics clamor for their ethnic ‘dues’? It will be an interesting exercise in gender as well as ethnic politics – moreso than the most recent Presidential election process which was awash in such nonsense that it was about time we had a woman in the White House – as if that should have been the only consideration in our choice. Thankfully, not many succumbed to that argument although Hillary certainly pushed the limit on it. She may have claimed to having cracked the glass ceiling, but the voting public, who could have astoundingly shattered it, saw through her gender politics for just what it was – hogwash.

Interestingly, the most sense I have heard so far on this selection process comes from the most unlikely of sources, Alan Dershowitz of Harvard Law School fame. In a conversation with Nora O’Donnell of MSNBC, the question of gender, ethnicity, as well as race was put on the table as a consideration in selecting the next justice. Mr. Dershowitz quickly quelled any thoughts of these factors by saying that “representational pressure” should not be a consideration in Obama’s choice. Instead he strongly advocated the most qualified should be the selected candidate – no other factors should be part of the decision. He especially denounced picking any judges as replacements. This was an astounding proclamation by Alan considering his liberal bent evidenced by his past legal discussions.

The flip side of Dershowitz’s cautionary advice is the clamor from gender/ethnic affiliations to appoint one from their group. Immediately following O’Donnell’s segment on MSNBC, Chris Matthews of ‘Hardball’ hosted several guests to discuss the upcoming nomination. “Does President Obama’s Supreme Court pick need to be a woman? Does it need to be a Hispanic nominee?” Chris asked of his guests.

One was a National Organization for Women representative who subtly advocated for a woman replacement for Souter. “It makes a difference. It increases the voice. It increases a perspective. And it adds something to the entire body. There’s actually research that says that male judges tend to vote a little differently when there are women on the court with them.” said NOW President Kim Gandy.

But the most egregious example of what Dershowitz warns about was supplied by Ruben Navarrette, a staff columnist for The San Diego Union-Tribune and an avid pro-immigration advocate favoring the immigration invasion of our country by especially Mexicans – his heritage – here legally or illegally. Ruben revealed his perverse, ethnically unbalanced position when he answered a query from Chris concerning appointing a Hispanic to the Court: “We’re due!” he defiantly exclaimed as if this is some sort of lottery. “And I don’t just mean we’re due from the Obama administration. I mean we’re due throughout history…the real reason that you need to put a Latino on the Supreme Court, this is the fastest growing minority… this is a minority that, by 2032, will represent a quarter of the entire country…It’s the Latinos` turn to break their barrier.”

Ruben continues his whiny tirade for justice for Hispanics: “It’s easy enough for white males to come forward and say that race and ethnicity or gender shouldn’t matter. But the fact is, this is the way we have always done this. And whether it was important for Italian-Americans to get Antonin Scalia there, or important for African-Americans to get Thurgood Marshall there, why is it, all of a sudden, when it’s Latinos` turn, that, oh, that’s identity politics? …It’s just not fair.”

Imagine that? Have we really come to the juncture in our country where the spoils of government are appropriated according to gender, ethnicity, or race? Apparently, and regrettably, so.

This will be the first of what will likely be numerous Supreme Court justice appointments that President Obama will be privileged to make. There are perhaps three rumored retirements in the near future in addition to Souter. His choices will be scrutinized by left and right groups to the extent each will be contentious.

It is his call. Let’s keep our eyes open and our minds clear on this first one to see if it reveals any hidden agendas, political motivation, character traits, or what Dershowitz warns of: “representational pressure”.

Citizens Win Huge Supreme Court Victory Over Big Pharma And The Fda

In a stunning and unexpected 6-3 ruling the right-leaning Supreme Court went against the wishes of the last president, took the wind out of the sails of health care reform of the current president, sent irresponsible Big Pharma a major wake up call, and bluntly told the arrogant FDA that they are indeed not above the rule of law.  It is a major victory for every American citizen.

Central to the issue is a power a struggle between the federal government and states, which in this situation meant the federal government authority to pre-empt your state rights to sue if you are injured by a drug.  The FDA, acting on behalf of the Bush administration and on the side of Big Pharma, has helped tie up thousands of drug injury lawsuits across the country.  The FDA, who is supposed to be protecting consumers from drug injury and ensuring a correct risk/safety picture for any person taking a drug, was instead trying to shirk their responsibility and simply claim that Americans had no right to sue.

This convoluted attempt by the FDA to undermine consumer safety was one of the main themes in my 2006 book, Fight for Your Health: Exposing the FDA’s Betrayal of America.  The Bush Administration had intentionally appointed anti-safety people in high positions within the FDA, starting with its Chief Counsel, Daniel Troy (and continued as a legal philosophy after Troy was forced out for his Big Pharma connections).  Troy set in motion the legal problem the Supreme Court just decided.

During the final years of the Bush administration cancer industry insider Andrew von Eschenbach, MD, was appointed to run the FDA, and Wall Street insider, Scott Gottlieb, MD, was second in command.  These individuals sought to fully implement the FDA label as senior to any rights of citizens.  Their intention was to make sure that new biotech drugs would be protected from lawsuits, as the FDA wanted to speed new and even more dangerous drugs onto the market so as to foster the development of the biotech industry.  In essence, the FDA management wanted to turn the American public into one large clinical experiment, with no right of recourse when injured.

This was occurring against a backdrop wherein the FDA couldn’t even name all the drugs currently on the market, had failed to demand required aftermarket follow up safety testing on drugs, and had intentionally withheld safety information on existing drugs from the public.  The current situation with drugs is that almost no drug, even blockbusters and those in use for decades, have an accurate risk/benefit profile.

Americans who use medications are already taking risks of unknown magnitude, which is a main reason over 100,000 Americans are killed every year and over 3 million are injured so seriously they need hospital care (ironically, over half those injuries occur while already in the hospital).

The FDA knows full well that when a drug is approved for the market the full extent of the side effects won’t be known for years.  History shows us time and again that Big Pharma actively hides risk data from the FDA and pays for “science” that distorts reality.  This irresponsible behavior goes along with closed-door negotiations with the FDA, and has resulted in numerous drug disasters like Vioxx.  FDA managers oftentimes go against the wishes of their own safety scientists and then move on to six figure salaries in the industry they regulate.  Doctors are not apprised of the actual risks and consumers are in the dark. 

Currently, there are 450,000 additional new cases of heart failure every year in Americans over 65, a fact that parallels the increased use of heart-weakening statins in this older group.  It is only a matter of time before the shoe drops on the 20-billion-dollar-a-year statin industry.

The FDA insistence that a drug label, based on what is known at the time of approval, should supersede citizen’s states rights to sue if they were injured, has almost nothing to do with consumer safety.  Rather, it is a federal power grab that is in the best financial interests of Big Pharma and Big Biotech, industries that do not have consumer safety as their top priority.

By the way, don’t think President Obama is on the side of the citizens.  In the health care section of the stimulus bill, there is specific pre-emption language.  If the federal government is in charge of health care it will be named in future lawsuits when patients are injured from the care it doles out or doesn’t allow. 

The current Supreme Court ruling will undermine any system of federal health care wherein the drugs being used are injuring people.  Experts believe this system is so badly broken, due to gross FDA management incompetence, that it will take 10 years of studies and many billions of dollars just to understand the actual risks of the drugs Americans are already taking.

In writing for the majority, Justice John Paul Stevens put Big Pharma on notice.  The defendant in this case, Wyeth, had argued that it could not comply with both federal and state law.  Stevens told them they had a fundamental misunderstanding of regulation and were trying to hide behind the FDA, going on to say that it is a central premise of federal drug regulation that the manufacturer bears responsibility for the content of its label at all times.  That is not the news Big Pharma wanted to hear.

Stevens went on to write that there was no merit in the argument that the FDA’s labeling decisions could supersede state law, saying that this argument was “an untenable interpretation of congressional intent and an overbroad view of an agency’s power to pre-empt state law.” He pointed out that the FDA tried to push this on the public without any opportunity for comment from the public or from states, all done against a backdrop wherein the FDA is not able to keep up with safety issues in the first place, meaning that the FDA position lacked “thoroughness, consistency and persuasiveness.” Stevens stated that under such lacking standards the Bush position “is entitled to no weight.”

This is a major victory for all Americans and for states.  While the case itself is on the topic of Big Pharma and the FDA, the ruling is sweeping in nature and will extend far beyond prescription drugs.  States have just been handed a major legal ruling against the ever-growing incursion of federal power.