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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Neeka who wrote (16069)	11/13/2003 8:59:31 PM
From: LindyBill	Respond to of 793639

This has big implications for homegrown Pot. [Eugene Volokh, 4:08 PM] Huge Commerce Clause decision: The Ninth Circuit has just held that Congress lacks the power to ban possession of homemade machineguns -- the Commerce Clause, the court held (per Judge Kozinski, joined by Judge T.G. Nelson; Judge Restani of the Court of International Trade, sitting by designation, dissenting), doesn't go that far. The court specifically did not rely on the Second Amendment, because of binding Ninth Circuit precedent holding that the Second Amendment doesn't secure an individual right. So states may still ban such possession, and Congress can ban the sale of machineguns (even purely intrastate sale) -- but Congress may not ban private possession, at least of the homemade devices. This fits with the Ninth Circuit's McCoy decision this year (written by Judge Reinhardt), which held that Congress may not ban the mere possession of homemade noncommercial child pornography. Unless the Ninth circuit grants rehearing en banc in these cases -- I'm not sure whether there's still time to do that as to McCoy, since I'm not sure whether the panel has denied a motion for rehearing by the panel itself -- I predict the Supreme Court will agree to hear these cases (or possibly agree to hear one and hold the other pending a decision in the first). The Ninth Circuit acknowledges that its decision create as split with three other circuits; that, and the holding that a federal statute is unconstitutional as applied, are both reasons the Court may grant certiorari. volokh.com