Wednesday, July 6, 2011

Twin Victories of Liberty Today

Today was a good day for freedom and liberty. Two different United States Circuit Courts of Appeal made excellent rulings which increased the individual liberty of all people in the United States.

The first ruling which occurred today was Ezell v. City of Chicago by the United States Court of Appeals for the Seventh Circuit. The opinion, written by Judge Diane Sykes, literally skewers both the district court judge and the City of Chicago:

The judge was evidently concerned about the novelty of Second Amendment litigation and proceeded from a default position in favor of the City. The concern is understandable, but the default position cannot be reconciled with Heller.

This decision by far calls out district court judges who continue to represent the 2A right as being default something the government can infringe without true questioning.

The second was the United States Court of Appeal for the Ninth Circuit, ruling today in Log Cabin Republicans et al v. United States to lift the stay on a district court injunction which had prohibited the DOD and the US government from enforcing the so called “Don't Ask Don't Tell” Statutes and Regulations:

This occurred due to the US Department of Justice making representations during the numerous DOMA defenses occurring throughout the country. The writer of the decision, Chief Judge Alex Kozinski, took note of the fact that USDOJ was making representations to federal courts about sexual orientation being a quasi-suspect class. Funny thing is, the Golinski case was originally a Kozinski case, as he's the head of the Employee Dispute Resolution Program. 

Today is measured by the signs of great individual liberty and freedom. Anti-gay animus and anti-gun owner animus suffered major blows today.