Canales News Briefs

March 7, 2010




"...CHIEF JUSTICE ROBERTS: Your approach-- your original approach

would give judges a lot more power and flexibility in determining what rights

they think a good idea than they have now with the constraints of the Due

Process Clause.

MR. GURA: No, Your Honor; our approach might actually actually provide

judges with perhaps no more than what they have now, perhaps even less,

because our approach is rooted in text and history. It's not a license for judges

to make up enenumerated rights that they believe--

CHIEF JUSTICE ROBERTS: Privileges and immunities give you a lot more

flexibility than due process, because it is not limited to procedural-- where

you don't have to deal with the hurdle that it's limited to procedural by the text.

MR. GURA: Sure. If I may? 

CHIEF JUSTICE ROBERTS: Yes, you may. 

MR. GURA: We believe that it's more limited because that-- that text had a

specific understanding and that there are guide posts left behind in texts and

history that tell us how to apply it, unlike the due process. But at least we know

one thing, which is that in 1868 the right to keep and bear arms was understood

to be a privilege or immunity of citizenship, and if the Court is considering

watering down the Second Amendment perhaps it should look to text and history.

CHIEF JUSTICE ROBERTS: Thank you, counsel.

MR. GURA: Thanks.

CHIEF JUSTICE ROBERTS: The case is submitted....."

				- From the draft oral arguments of

                                                      McDonald v. Chicago, March 2, 2010,

                                                      Page 63 of 77,  discussion of

                                                      incorporation by the Privileges

                                                      and Immunities Clause-

To All,

    Time to whip out that "little guillotine", it seems:

Lawyers, Guns, And Other People's Money:

     Those firearms activists who live on the World Infamous Left Coast, home of

the US Judiciary's 9th Circuit Court of Appeals, can hardly imagine a situation

where anyone in their right minds would give "free reign" to unchecked judicial

activism.

     Yet if Chief Justice Robert's question to Alan Gura during oral arguments of

McDonald the other day is of any indication, someone out there was not taking

into account all the possibilities of what appears to be a massive downside to

a purely theoretical exercise on the part of a few with little real "skin in game".

     In other words, Alan Gura seems to be relying on a self-imposed judicial

restraint, or at least judicial reticence to go off hunting for more penumbras,

over the issue of the right to keep and bear arms.

     It's either that, or that the Chief Justice of the Supreme Court has not a clue

as to what constrains him and 8 other Justices when they pass judgment from

the Highest Court in the land.

    Personally, this poster would bet real money that it's the Chief Justice here

who understands what it takes to keep Pandora's Box locked and secure. And

while it's understandable that others may have a high opinion of Mr. Gura's

talents, perhaps next time he can try his unique style of legal arbitrage on a

topic more innocuous and less critical to the safety of the Republic. There is

only so much Mylanta one can take.

Link at:

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf

Good Enough For Government Work:

     In the year and a half since the ban on lead centerfire and rimfire ammunition

went into effect across much of California, firearms activists have been on "pins

and needles" to see if yet another product of the California Legislature performs

as advertised.

     Well folks, some preliminary numbers are in, and it does not look good for

Pedro Nava's credibility with his confrere's that the blood lead levels of quite a

number of Central Coast California condors remain significantly elevated. This is

despite a requirement that hunters and holders of depredation permits use très-

expensive ammunition, and even environmental activists opine that hunter

compliance with the Assemblyman from Santa Barbara's diktat is very good.

     These results were first reported at a December 11-12, 2009 Field Team

Meeting to the California Condor Recovery Program. It seems that, out of 27 birds

from the Pinnacles National Monument contingent, for a grand total of 84

blood tests, almost two-thirds of the tests show elevated blood lead levels.

Also, some 30 percent of test results show blood lead concentrations

in excess of 30 micrograms per deciliter (See Pinnacles Field Team Report).

      What is more, 20 of 27 Pinnacles condors (almost 75%) were found to

have had elevated blood lead levels to the point of requiring chelation even to the

Condor Recovery Program's "generous" standards for chelation.

      These preliminary numbers are, at the very least, comparable to values

reported by the Program prior to the ban (See Pinnacles Chelation List ).

      This information was discovered through Public Record Act and Freedom

of Information Act document productions. What is more, this information was

delivered as part of a presentation to the California Fish & Game Commission

on March 3, 2010. As such, it is now part of the public record and can be referred

to in the battles to come over the ineffectiveness of mandatory lead ammunition

bans. Given that Pedro Nava proposes mandatory bans of lead birdshot in

State Wildlife Areas (AB 2223), calling him to account for the apparent failures

of past actions is all part of the political process. At the very least, it will be an

interesting question to ask Nava as he stumps the state as Audubon's Candidate

for California Attorney General. Stay tuned.

Link at:

http://info.sen.ca.gov/pub/09-10/bill/asm/ab_2201-2250/

ab_2223_bill_20100218_introduced.html

Laughter Is The Best Medicine:

    Perhaps NBC should have put Sarah Palin into the Tonight Show slot, instead

of letting Fox News get her as a commentator. No wonder why they are going

broke...

Respectfully,

Anthony Canales

SFVMC-NRA