By Irwin Nowick It has been one week since the US Supreme Court’s decision in District of Columbia v. Heller . While a few lawsuits have been filed, there has not been the tidal wave of suits predicted. What has occurred is that now that commentators have read the opinion and considered its implications, the vindication of this particular “privilege and immunity” of US Citizenship was really vindicated because of the actions of supporters of civil rights. It should also likely call for calls in various quarters for a robust increase in fee awards in 42 USC 1983 action via amendments to 42 USC 1988. While it may come as a shock to some that the spear carrier for this was Justice Scalia this should not come as a shock to people who know him. While I have not met Justice Scalia in the flesh, I do know a lot about him – both from persons who know him and his public interviews – and he is often difficult to ideologically peg because of his view as the Framer’s intent which is referred to as “originalism”. My half brother was Justice Scalia’s first clerk. He obtained the clerkship in large part because he was first in his class at Columbia Law but also because of Justice Scalia’s close friendship with Justice Ruth Bader Ginsburg. Justice Ginsburg who besides being a Columbia Alumni was also a first or second cousin of my late Mother. In fact, it turns out that my late mother was a student of Justice Scalia’s father at Brooklyn College. G ...
Anytime
By Irwin Nowick It has been one week since the US Supreme Court’s decision in District of Columbia v. Heller . While a few lawsuits have been filed, there has not been the tidal wave of suits predicted. What has occurred is that now that commentators have read the opinion and considered its implications, the vindication of this particular “privilege and immunity” of US Citizenship was really vindicated because of the actions of supporters of civil rights. It should also likely call for calls in various quarters for a robust increase in fee awards in 42 USC 1983 action via amendments to 42 USC 1988. While it may come as a shock to some that the spear carrier for this was Justice Scalia this should not come as a shock to people who know him. While I have not met Justice Scalia in the flesh, I do know a lot about him – both from persons who know him and his public interviews – and he is often difficult to ideologically peg because of his view as the Framer’s intent which is referred to as “originalism”. My half brother was Justice Scalia’s first clerk. He obtained the clerkship in large part because he was first in his class at Columbia Law but also because of Justice Scalia’s close friendship with Justice Ruth Bader Ginsburg. Justice Ginsburg who besides being a Columbia Alumni was also a first or second cousin of my late Mother. In fact, it turns out that my late mother was a student of Justice Scalia’s father at Brooklyn College. G ...