Non-lawyerly view:
Two options SCOTUS has to correct lower courts include a per curiam (Caetano), and plenary review (Heller, McDonald, NYSRPA).
Per curiam - from my learnings on here - typically require 6 justices in agreement to summarily reverse the lower court. 5 is not enough...
Voluntary cessation was an argument Clement put forward as to why the case is not moot. Cuomo closed gun stores as "non-essential" during the Wuhan flu emergency.
Is there some way SCOTUS could leverage NYs closure of gun stores to keep the case alive?
Mance v. Barr implicates a federal law. Zero chance it gets mooted.
All the other 2A cases implicate state laws. Granting one of those runs the risk of riling up the anti's to start the mootness shenanigans all over again... especially if they get away with it in NYSRPA.
Mance is also a...
Looks like mooting the case is what NYC is trying to do....
https://www.supremecourt.gov/DocketPDF/18/18-280/96331/20190412152613471_nysrpa%20v%20cny%2018-180%20ltr%204%2012%2019.pdf?fbclid=IwAR0dnvDofFMPgUe-A3x5CdOzPhYzCscD3FWDufBYMJpVfVtjwvZ8Rz96VXg
Roberts has given indications of his thinking. Take another listen to these segments from the Heller oral arguments in 2008:
First there was this comment to Paul Clement at 45:57:
Then, Roberts had this exchange with Alan Gura and several other Justices later on at 1:22:22
Sounds to...
We're almost at 2 years since oral argument. My searches on this case (now likely Mance v. Sessions) doesn't show a published opinion.
If accurate, the 5th Circuit is taking an unusually long time on this case.
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Pay attention kcclown :D This is how you make a concise argument!
You could be right GAP. There are 2-3 fairly young liberal jurists on 4CA in the Kolbe en banc majority, who publicly stated their animosity to modern sporting rifles. That being said, I have no reason to doubt esq's faith...
Wrong. My remarks point directly to the politics of SCOTUS nominations.
GHWB nominated Clarence Thomas and David Souter. Is he "an idiot"?
Explain why Trump did not nominate William Pryor - given Pryor's public statements on abortion and gay marriage. Gorsuch has not made similar...
One variable everyone is omitting is the high selection rate of DC CoA judges for SCOTUS vacancies. This goes back over 30 years:
Antonin Scalia - confirmed
Robert Bork - rejected
Douglas Ginsburg - withrdawn
Clarence Thomas - confirmed
Ruth B Ginsburg - confirmed
John Roberts -...
The O-hole packed the DC COA in 2012-2014, when Dems had the Senate and Harry Reid invoked the 'nuclear option' for non-SCOTUS Article 3 judges.
Repubs took the Senate back in 2014, and shut down The O-hole's judicial nominations.
The Heller 3 en banc denial happened after The O-hole...
It's possible, but recall that Heller 3 was decided by the same COA. DC petitioned for en banc, but that was denied in Feb '16. AFAIK, the city did not file for cert with SCOTUS.
Then again, the idea of public carry makes liberals apoplectic, so rational sense goes out the window.
Can you foresee any way they could accept Binderup, and (assuming we win) GVR Peruta?
Or are the two cases so completely unrelated that a victory in Binderup cannot influence Peruta.
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On a somewhat related note... I seem to recall an earlier post in which you opined that the DC COA tends to issue timely opinions, irrespective of the subject matter.
Grace and Wrenn had oral argument on 9/20/2016, almost 8 months ago. It would be quite interesting if those cases, Norman, and...
Even if this case implicates California's status for intervention in Peruta, it does nothing to Richards, which would still address the 2A claim.
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