On 10/18/03 1:03 PM, "David T. Hardy" <[EMAIL PROTECTED]> wrote:
>
> Case Cite Win/Loss/Other Vote Comments
>
> 1. Simopoulos v. Virginia 462 U.W. 506 (1983) L 8-1
> 2. Bellotti v. Baird 428 U.S. 132 (1976) L 9-0
> 3. Doe v. Bolton 410 U.S. 179 (1973) L 7-2
> 4. Roe v. Wade 410 U.S. 113 (1973) O 7-2 Won appeal,
> lost cross-appeal
>
> [snip rest of list]
>
> I just checked a few (reading Blackmun opinions is no way to start a
> Saturday... couldn't the guy ever say anything in less than a hundred
> pages?). 1 is a loss. 2 I now forget.
Definitely a loss, because in the court below his clients had won an
injunction preventing enforcement of the anti-abortion statute, and this
decision vacated that injunction.
3 and 4 are wins (I think the
> only cross appeal in Roe was on denial of injunctive relief; Court
> said would count on State obeying the ruling.
On reflection, I think you're right. Each side won "half," but clearly the
declaratory relief was a considerably bigger "half" to win.
OK, I'd score it 15-16-5, instead of 14-16-6.
> ________
> [snipping]
>
> BTW, I found the Miller article or whatever a fun read. Hard to
> believe the Supremes gave Miller's atty something like three weeks to
> brief the case and appear in DC for argument, when he hadn't yet been
> served with the government's brief!
> The person who sent me the link originally said something to the
> effect of "I have always found Miller a most ambiguous ruling, but
> now I know the reason. Its author was an idiot."
> I should add I am not particularly comfortable with a headlong
> attack on Miller, which does have useful aspects.
It's hard to see why it would be necessary for the court to overturn--much
less decide to disregard it entirely, as Lucas urges--in order to produce a
individual-rights 2A decision. When even the 9th circuit, in Silviera,
concedes that its previous declaration that Miller stands for a
collective-rights view is unsound, Miller just isn't an obstacle to the
goals of any gun-rights view of the 2A, except perhaps an absolutist one.
--
Bob Woolley
St. Paul, MN
[EMAIL PROTECTED]
There is only one basic human right, the right to do as you damn well
please. And with it comes the only basic human duty, the duty to take
the consequences.
--P.J. O'Rourke
