Guns / Firearms

Something that kills people.

I’m on record as thinking that it’s inappropriate to blame Sarah Palin or any other source of fiery political rhetoric for the horrific shooting that took place in Tucson on Saturday. I said it in real time as facts were coming to light; I said it on Twitter.

There are any number of reasons why psychos like Jared Lee Loughner try to kill people. I don’t think political rhetoric is a useful reason to focus on. The long view of history shows that crazy people will twist any number of words into an excuse for violence.

You can’t talk to crazy. You can’t reason with crazy. You can’t know what crazy will do to your words. I mean, people have used the words of Jesus Christ (a hippie pacifist who hung out with prostitutes and lepers) as a call to violence, bigotry, and hate. If Jesus can’t craft an ironclad message that defies misinterpretation, how can we say that Sarah Palin somehow created a culture of violence? Sorry, but I refuse to live in a world where the rhetorical skills of Sarah Palin explain anything.

Instead, I’d like to blame a much more obvious culprit…

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Judge John Roll

We’re not going to weigh in on all the rampant speculation about what gave rise to the shooting today in Arizona involving Representative Gabrielle Giffords (D-Arizona). But we did want to inform you that news outlets are now reporting that federal judge John Roll was one of the victims in the shooting in Tucson.

UPDATE: President Obama is also confirming that Chief Judge John M. Roll (D. Ariz.) was fatally shot in Tucson. Here’s a statement from Homeland Security Secretary Janet Napolitano:

“I am deeply saddened by reports that Congresswoman Gabrielle Giffords, Chief Judge John Roll and others were attacked this afternoon in Tucson, Arizona. There is no place in our society or discourse for such senseless and unconscionable acts of violence. Gabby is a steadfast representative for southern Arizona and both she and John are dedicated public servants.

“The Department of Homeland Security has offered all possible assistance to the FBI and the Pima County Sheriff’s Office, who are leading the investigation. My thoughts and prayers are with Congresswoman Giffords, her family and staff, and all those who were injured in this difficult time.”

Our thoughts and prayers are with the victims and their families.

Some more details on Judge Roll, plus several UPDATES, after the jump…

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Which would you rather wield: a gavel or a Glock?

Who says you have to choose? Not Judge Shaun Floerke, of Minnesota’s Sixth Judicial District, who used a .45-caliber Glock from his safe to protect his wife and five children from a home invader on New Year’s Day….

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Sarah’s view of America is primitive. You’re either a pointy-headed graduate of Harvard Law School or you’re eviscerating animals for fun, which she presents as somehow more authentic.

Maureen Dowd of the New York Times, discussing Sarah Palin.

Breaking this morning, there’s been a shooting at the Perry-Castaneda Library on the University of Texas – Austin campus. The Houston Chronicle reports:

A man opened fire with an automatic weapon on the sixth floor of the Perry-Castaneda Library early Tuesday, UT police spokeswoman Rhonda Weldon said.

“He subsequently shot himself. He is deceased,” she said, adding that no one else was injured.

Police and university officials urged students to stay indoors.

“A suspected shooter in PCL library is dead. Police are searching for possible second shooter. Lock doors, do not leave your building,” the alert said.

Based on reports we’ve received from students at the UT Law School, the potential second shooter might still be at large…

WE HAVE POSTED VARIOUS UPDATES BELOW.

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Non-Sequiturs: 07.09.10

* I’ll bite: I think a tanning tax is racist. It’s textbook disparate impact. African-Americans have been through enough; we shouldn’t be forced to look at pasty-faced white people all winter. [Concurring Opinions]

* DWI fines are so expensive drunk drivers can’t pay them, so a Texas state senator suggests repealing the law. The things that pass for logic down there are amazing. [Legal Blog Watch]

* Arizona Governor Jan Brewer finds a way to blame Mexico for everything. [Color Lines]

* Meanwhile, in Sacramento, the solution to police budget cuts is to make sure it’s easier for people to carry around concealed handguns. D’uh. When they’re not enough cops you absolutely need people walking around armed to the teeth. Don’t you know that safety smells like hot lead and fresh blood? [Volokh Conspiracy]

* Court orders joint custody … of a Lhasa Apso. I have a Lhasa Apso, and I’m pretty sure my wife only puts up with me so she can see the dog. [ABA Journal]

* This is a pretty interesting way of looking at the LeBron coverage. [Breaking Media]

It has been a while since we last wrote about Gerald Ung, the Temple Law student who was arrested in January for shooting Edward “Eddie” DiDonato Jr. (a former college lacrosse star who also has a legal connection — his father is a partner at Fox Rothschild, the prominent Philadelphia firm). Today we have two updates.

First, a reader alerted us to some updates in the criminal case against Ung, who faces five charges, including attempted murder. According to the docket, it appears that a scheduling took place last week, on June 24, and a trial date was set.

The trial date: February 7, 2011. Wondered our reader: “Huh? Do they usually wait that long for an attempted murder trial?”

We have some thoughts on this, plus an update on Eddie DiDonato….

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And the victim, Eddie DiDonato, continues to recover.

Today was the last day of the Supreme Court term (and also the last day on the Court for Justice John Paul Stevens). The SCOTUS handed down four blockbuster opinions — on the same day that the confirmation hearings of Elena Kagan are starting. Coincidence?

In alphabetical order, the four cases are (click on each case name to access the ScotusWiki page):

  • Bilski v. Kappos (patent law): “Whether a ‘process’ must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (‘machine-or-transformation’ test), to be eligible for patenting….”

  • Christian Legal Society v. Martinez (First Amendment right of association): “Whether a public university law school may deny school funding and other benefits to a religious student organization because the group requires its officers and voting members to agree with its core religious viewpoints.”
  • Free Enterprise Fund v. Public Company Accounting Oversight Board (separation of powers): “Whether the Sarbanes-Oxley Act is consistent with separation-of-powers principles — as the Public Company Accounting Oversight Board is overseen by the Securities and Exchange Commission, which is in turn overseen by the President — or contrary to the Appointments Clause of the Constitution, as the PCAOB members are appointed by the SEC.”
  • McDonald v. City of Chicago (guns / Second Amendment incorporation): the applicability of the Second Amendment to state and local governments.

How were these cases resolved? Find out, after the jump.

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Writers tend to use the word “literally” too much — and literally incorrectly.

In this case, the word is entirely appropriate. A lawyer literally shot himself in the foot. The ABA Journal reports:

An Ohio lawyer shot himself in the foot on Monday as he was retrieving his gun from a locker at the courthouse.

Toledo lawyer Paul Redrup had placed his 40-caliber Smith & Wesson in a storage locker before entering the Wood County courthouse, the Bowling Green Sentinel Tribune reports. As he was leaving, he took the gun out of the locker and put it in his pocket. The gun accidentally fired, and Redrup was grazed in the right foot.

Here’s a question: why the hell was a lawyer taking a firearm to a courthouse?

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The Tenth Justice Fantasy SCOTUS League.jpgWith Kagan’s nomination set, and all oral arguments for the October 2009 Term completed, we are still waiting for some major decisions — specifically, McDonald v. Chicago, Christian Legal Society v. Martinez, Free Enterprise v. PCAOB, Bilski v. Kappos, and Doe v. Reed. In this post, we will offer predictions for these huge cases. Additionally, our statistics might also give us an insight into what is causing the delay within the SCOTUS on handing down these opinions.

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Today brings an update in the case of Gerald Ung. The Temple Law fourth-year got in trouble earlier this year for being the wrong kind of gunner.

While other Temple students have recently appeared in these pages, sporting legal tees and trying to get undergrads out of their tees, it’s been a while since we’ve heard news of Ung. Our last post on his alleged shooting appeared in February. But now the case is moving forward. From the Philadelphia Daily News:

Gerald Ung, the Temple University law school student arrested in January for shooting another man five times in front of the Old City Fox TV studio, this morning was ordered to stand trial on attempted murder and aggravated assault charges.

Philadelphia Municipal Judge David Shuter dismissed two gun charges because Ung had a legal permit to carry a gun from his native state of Virginia.

The article contains some additional (and apparently new) details about the underlying incident….

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Plus another Temple Law tragedy.

Edward DiDonato Jr Eddie DiDonato shooting victim.jpgHere’s some good news about Edward DiDonato, the Villanova lacrosse star and son of a Fox Rothschild partner, who was allegedly shot by Gerald Ung, a Temple University law student. From Lacrosse News:

Former Villanova lacrosse captain Eddie DiDonato has cleared all serious life-threatening obstacles and has been taken off his ventilator following a ninth operation 17 days after being shot six times in an Old City altercation, according to his best friend.
DiDonato, a La Salle College High graduate, remains in the Intensive Care Unit and according to Thomas Jefferson University Hospital officials is still listed in fair condition.
Rob Forster, who has served as the DiDonato family spokesman, said his former teammate on the Explorers’ 2004 state championship team has continued to amaze doctors as well as family and friends with his resiliency. DiDonato was near death after the shootings early on Jan. 17 and survived a major scare 10 days ago when his condition became grave due to an infection.

We’re glad to hear about DiDonato’s improved state. We will keep you posted on his condition.
Meanwhile, a legal defense fund has been set up for the accused shooter, law student Gerald Ung.

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