When the Dust Settles (by Gabe)

Now that the dust has settled around the landmark gun case District of Columbia v. Heller, the District is in the process of implementing the court's ruling. If you weren't following this case, you can read the synopsis here.

[NB - Wikipedia is a horrible source to cite for legal information; if you have "mandatory authority" and "persuasive authority," Wikipedia probably falls under "no authority at all." But I did find this particular article to be a good summation.]

Yesterday, the emergency legislation passed by DC in order to comply with the Court's ruling was put into place, and the office opened for legal registration of handguns. Only one application was received on the first day - that of Dick Heller, the plaintiff in the case. And his application was rejected!

Read the full WaPo story here.

Now, I'm not going to argue that this denial was an error, necessarily - the District officials had their reasons (and Heller's attorney had his reason not to comply!). But what I'm interested in, in all this, is the gap between theory and practice. SCOTUS laid down the theory, and now we're into real life - read that WaPo story for a fascinating real-life legal conundrum where the rubber meets the road.

A Gate Once Opened…Swings Wide (by Jessica Mulder)

Ed. Note - This is the first article submitted by student ranks, which excites me greatly; I think this is a great opportunity for you. Keep 'em coming!

-Gabe

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Back in 2005, many were startled by a Supreme Court case, which originated in my home state of Connecticut. Kelo v. City of New London, 545 U.S. 469 (2005), gave unprecedented new power to the doctrine of Eminent Domain. Prior to that case, Eminent Domain allowed towns and states to take private property only for the purpose of “public use," and the town had to provide a hearing process and compensation for the owners. Kelo went to court because the city had authorized a separate organization (in the city’s name) to buy or take all property in a given area to develop a new office/retail center (definitely not public use – like a highway or park). When the homeowners refused to sell, their property was condemned.

The Supreme Court ruled against the homeowners, saying that under the 5^th Amendment governments had broad taking powers. Due to Kelo, if a city wants a piece of property for any reason, it can be taken with almost no remedy to the owner beyond what the city decides to give as compensation (often well below market value). When this case was decided, I realized it was opening the way for bad things to happen.

Today I discovered a shocking aftermath of this case. In Texas a Christian ministry protested the city’s plan to allow sodomite parades. Now the ministry has been told to vacate the property it bought debt-free years ago. The town has decided to build a fire house on the spot. There is no recourse for this ministry, and what the town is offering as compensation is very small. A dangerous interpretation by the Supreme Court bears fruit in just 3 years.

Please pray for this ministry.