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Claims Eric Holder in defense of his opinion find the D.C. Voting Rights bill Constitutional.
The proponent's argument appears to be a "history provides a gloss" argument:
"Supporters note that courts have often treated the District as if it were a state, addressing, for example, questions of whether D.C. residents are subject to laws governing federal taxation, interstate commerce and the right to a jury trial." -Washington Post
I find this argument extremely weak. This is an argument that admits that this bill is unconstitutional, but because the District has been treated like a State in these circumstances, it is a State and the bill can not be found unconstitutional. Past treatment of the District as a State is not a strong argument, because it does not erase the fact that the district is a federal territory. Treating it as a State does not make it a State. This seems pretty clear cut.
If they do hold that the District is equal to a State in this arena, will the NRA be able to use Heller as holding applicable to States? That may be the only good that would come of it.
Wednesday, April 8, 2009
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