• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

SCOTUS U. S. v Davis. Invalidates part of law aimed at preventing gun violence

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
719
Location
Washington Island, WISCONSIN. Out in Lake Michigan

CJ4wd

Regular Member
Joined
Jun 22, 2017
Messages
353
Location
Planet Earth
Wouldn't removing this "vagueness" also serve to limit some of these dictatorial judges that too broadly define "violence"? Those same limitations means that different cases would be judged by a standardized measure.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,948
Location
Cincinnati, Ohio, USA
This says it all.
JUSTICE GORSUCH delivered the opinion of the Court.
“In our constitutional order, a vague law is no law at all. Only the people’s elected representatives in Congress have the power to write new federal criminal laws. And when Congress exercises that power, it has to write statutes that give ordinary people fair warning about what the law demands of them. Vague laws transgress both of those constitutional requirements. They hand off the legislature’s responsibility for defining criminal behavior to unelected prosecutors and judges, and they leave people with no sure way to know what consequences will attach to their conduct. When Congress passes a vague law, the role of courts under our Constitution is not to fashion a new, clearer law to take its place, but to treat the law as a nullity and invite Congress to try again.”
 
Top