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    1. K

      SCOTUS 5/1

      Perhaps, but I'm a little more optimistic than that. Think about it. They have ten petitions to consider. They're not going to hear all ten. They might consolidate two, but it's more likely they'll pick one. So, which one (or two) to hear and which to hold or deny? I can very much see...
    2. K

      SCOTUS 5/1

      All 10 relisted for 5/21. I predict more relists......
    3. K

      SCOTUS 5/1

      I have to believe this is true. Ten new denials at this point would lead to some very angry dissents.
    4. K

      SCOTUS 5/1

      I'd love to see that combination as well! I agree with danb though. Look for more relists. The justices are going to do this careful negotiation on how to get through all ten petitions - which to hear, which ones to hold until a decision comes down in the case(s) they hear, and finally -...
    5. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      Unsurprisingly, your assessment is logical, if not perhaps a little wishful. If the court did indeed seek to 'clear the decks' of gun cases, they'd do preciously as you posit. However, I'm not unconvinced that they won't deny cert on some of the petitions and save those issues for another...
    6. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      This isn't totally a bad thing. Once NYC changed their rule, this case got messy and it didn't, in my opinion, have the potential for as far reaching decision as I'd like to see. So, they get punt a 2A decision to next term after the presidential election, which in the long run might be good...
    7. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      As the new 'swing' justice, Roberts is even more likely to control opinion assignments because he'll almost always be in the majority. Also, I don't think opinion assignment is entirely about leveling the workload. It's also a matter of assigning the opinion to the justice who can write an...
    8. K

      Rehaif v. United States

      Add another Rehaif related GVR today: 19-6684 Davis v. US. Davis was convicted as a felon in possession. The second QP reads:
    9. K

      Worman v Healy

      Rogers.
    10. K

      Worman v Healy

      And it's 'Healey', not 'Healy'.
    11. K

      bump stock cert petition filed in Codrea/Guedes

      Distributed for Conference of 01/10/2020. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-296.html This will be interesting because a majority of the justices have signaled that they're open to reviewing Chevron (or Auer, etc.) They passed on Gundy last...
    12. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      The Order List is updated after every conference and on an ad hoc basis when necessary. https://www.supremecourt.gov/orders/ordersofthecourt/19 Court watchers scour this list regularly to see which petitions get granted or denied. GVRs and other orders are also listed. Sometime they're...
    13. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      100% Spot on! Heller was as notable for what it didn't say as for what it did say, and that was deliberate. There's something in that decision that a judge can use to go anyway they want.* The federal judiciary was far from on board with the idea that the Second Amendment protects and...
    14. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      And some strong analysis from you as well. I had one final thought on how the mootness issue will play out. Having spent close to 10 years following the federal judiciary on 2A issues and participating in many cases, I've come to believe that judges and justices rarely go where they don't...
    15. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      Your observations are thoughtful, but not conclusive. The Supreme Court's mootness jurisprudence is not straightforward - there's something here for both parties. The court's ruling on mootness will have more to do with where they want to go with the Second Amendment generally and this issue...
    16. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      It's a good petition and an issue that has merit and won't go away. I just don't think that the court like Gura.
    17. K

      What happens to Held requests for Cert?

      That's my count as well - at least for 2A related cases. I imagine the court can do anything they want including relisting all four cases in OT2019. Their calendar and how they process cases is a function of the rules and traditions they've set for themselves over the years. They're not bound...
    18. K

      Supreme Court Takes Major NRA Second Amendment Case from New York

      If NYC wants to moot this case, they'll have to file a motion to do so. That will open the doors for petitions to file an opposition. Because NYC could easily amend their regulation again thus evading review, I don't think the high court will let them off so easily.
    19. K

      Could Cert petition

      The casual reader will notice that the QP in Gould is identical to that in Rogers. In fact, the petition asks the court to grant Rogers, hold Gould and then GVR it once Rogers is decided. Rogers is a stronger petition because it challenges a statute not the easily changeable practices at issue...
    20. K

      Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

      If all 50 states could just 'incrementally ban' the Second Amendment, they'd do it via a constitutional amendment revoking or 'clarifying' the Second Amendment's meaning. This won't happen for a couple of reasons. First, despite what we see in Maryland, California, etc., the residents of...
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