*Updates below*
The Utah State legislature enacted a law that bars government agencies from prohibiting the possession of firearms. Much to the dismay of the University of Utah, the state Supreme Court agrees:
"We hold that the University lacks the authority to enact firearms policies in contravention of Utah statutory law."
Even in dissent, Chief Justice Durham expresses some favor toward the individual right over the University's authority:
...it is less immediately clear whether the current policies, which prohibit firearms that are hidden in a student’s purse or an employee’s desk, would survive an individual’s constitutional challenge.There is hope.
Via the Volokh Conspiracy.
*Update*
Thanks to browser problems, I missed David Codrea's post, noting the dueling amendments:
We are truly living in the Bizarro world when the First and Fourteenth are seriously proposed as counterweights to the Second.Short on time, but I think I recall the Constitution or maybe a Supreme Court case saying something about matters of constitutional self-contradiction. I don't think the dueling amendment argument can legally hold water.
Will look into it.
*Update*
9th Amendment of the U.S. Constitution:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Article VI of the U.S. Constitution:
This Constitution... shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution... to the contrary notwithstanding.To spell it out for some critics, the 9th says the First nor the Fourteenth shall not be construed to deny the right to keep and bear arms.
Article VI reiterates this: The Constitution and the Second Amendment are the supreme law of the land, in spite of anything to the contrary.
Let's just pretend the First and Fourteenth outweigh or run contrary to the Second Amendment, even so, the Constitution renders such an event irrelevent. Every state is bound to all things constitutional regardless of amendment confliction.
I hope the District and potentially the Circuit Courts do their job with maintaining some intellectual integrity.
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