Supreme Court Takes Major NRA Second Amendment Case from New York

rambling_one · Apr 27, 2020

BeoBill said:
I (and I'm sure many others) expected something of the sort.

On the bright side, if DJT is re-elected in the Fall, RGB may finally retire/die and thus open a seat on the court for a "friendlier" new justice. After the inevitable year-long D bloodbath, of course.

“If” being the operative word, yet again.

94hokie · Apr 27, 2020

Steel Hunter said:
Do you have the link to the page that shows this? I believe you I just can't find it and want to read through the list to see what they are looking at.

Here's the link to Malpasso showing the relist.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-423.html

Steel Hunter · Apr 27, 2020

94hokie said:
Here's the link to Malpasso showing the relist.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-423.html

Ah okay I'll have to start going through them one by one then. Thank you!

xKtF · Apr 27, 2020

Is a relist just other words for distributed for conference? Clicked on the link and it says distributed for conference 5/1

Kharn · Apr 27, 2020

jcutonilli said:
They have officially relisted all of the held 2A cases for conference on Fri

Another thought: what about granting all carry cases and combining them to a single case for argument?

Too big of a step forward for Thomas, Alito, Gorsuch, and Kavanaugh to drag Roberts in one opinion?

Kharn · Apr 27, 2020

xKtF said:
Is a relist just other words for distributed for conference? Clicked on the link and it says distributed for conference 5/1

Yes

Occam · Apr 27, 2020

Steel Hunter said:
If we can get a favorable ruling on Malpasso v. Pallozzi or another case that could instate constitutional carry instead of only getting a ruling that states reasonable transport of unloaded firearms is completely protected, Kavanaugh may be a push towards an even bigger win.

This was my greatest concern with the NYSRP case if it won the merits. We could have ended up with the court establishing that we have the constitutional right to transport our unloaded weapons in a locked box, with lots of room for "and no, you can stop for a donut but not for gas AND a donut" or the like. Next 2A case needs to be about a challenge on some of the stuff we're actually being starved for - not a likely narrow, ultimately highly limiting mess. I hate to wait, but I'm glad we didn't just get a shallow, pointless victory.

Steel Hunter · Apr 27, 2020

Big shoutout to Rob @2Aupdates on twitter for doing the heavy lifting and finding all the cases.

Just saw his full list here: https://twitter.com/2Aupdates/status/1254780287080251394

Mance v Barr
Pena v Horan
Rogers v Grewal
Gould v Lipson
Ciolek v New Jersey
Cheeseman v Polillo
Worman v Healey
Malpasso v Pallozzi
Culp v Raoul
Wilson v Cook County

xKtF · Apr 27, 2020

Kharn said:
Yes

Alright thanks :thumbsup:

, isn't it also sort of a good sign that they are relisted for conference so fast?

Kharn · Apr 27, 2020

Occam said:
This was my greatest concern with the NYSRP case if it won the merits. We could have ended up with the court establishing that we have the constitutional right to transport our unloaded weapons in a locked box, with lots of room for "and no, you can stop for a donut but not for gas AND a donut" or the like. Next 2A case needs to be about a challenge on some of the stuff we're actually being starved for - not a likely narrow, ultimately highly limiting mess. I hate to wait, but I'm glad we didn't just get a shallow, pointless victory.

It isn't the holding itself that matters, it's the legal wrangling used to reach the result, and the direction for all other cases to be sent back to the appeals courts and reconsidered in light of that direction. If they adopted Ginsberg's "wear or carry about the person in case of confrontation" definition as "bearing arms" and transportation as a subset of that behavior, lower courts would be hard pressed to defend may-issue schemes.

Kharn · Apr 27, 2020

xKtF said:
Alright thanks , isn't it also sort of a good sign that they are relisted for conference so fast?

Normal, they'll either deny cert, relist again for further review, or grant cert. At this point, I would hope the four dissenters have a case in mind to push through. They've known the per curiam was happening, their clerks could have researched the heck out of the chosen case to be 100% sure.

danb · Apr 27, 2020

jcutonilli said:
They have officially relisted all of the held 2A cases for conference on Fri

Ho Lee Phuck!!!!

xKtF · Apr 27, 2020

Thanks I appreciate the answers, now its back to the waiting game

danb · Apr 27, 2020

Kharn said:
Normal, they'll either deny cert, relist again for further review, or grant cert. At this point, I would hope the four dissenters have a case in mind to push through. They've known the per curiam was happening, their clerks could have researched the heck out of the chosen case to be 100% sure.

For this reason, I did not expect them all to be relisted.

:party29:

JC92 · Apr 27, 2020

I admit that I was part of the optimistic crowd for NYSRPA. However, I am now bracing for a denial across the board on Friday. If SCOTUS can't issue a decision defining the contours of 2A rights in a case where the defendant (NY State) has "given up", why should I expect a Grant of Cert in the next case where the defendant will argue in support of his case?

Robert · Apr 27, 2020

I must admit, I didn't see this strategy from the states coming, but wow... it's seems genius. We get to pay for both our prosecution and defense. The prosecution money seems endless and deep. I suspect if this strategy is used more and more the defense money is going to run very thin..

Occam · Apr 27, 2020

JC92 said:
I admit that I was part of the optimistic crowd for NYSRPA. However, I am now bracing for a denial across the board on Friday. If SCOTUS can't issue a decision defining the contours of 2A rights in a case where the defendant (NY State) has "given up", why should I expect a Grant of Cert in the next case where the defendant will argue in support of his case?

They weren't being asked to "define the contours" ... they were being asked to address a law that no longer exists, and in a case where nobody sought damages. Though NY were clearly being d-bags about it, moot is moot. Unless you know they won't address any of the other cases, we should be glad they'd rather have a go at a case with better broad-2A underpinnings.

danb · Apr 27, 2020

JC92 said:
I admit that I was part of the optimistic crowd for NYSRPA. However, I am now bracing for a denial across the board on Friday. If SCOTUS can't issue a decision defining the contours of 2A rights in a case where the defendant (NY State) has "given up", why should I expect a Grant of Cert in the next case where the defendant will argue in support of his case?

No. There were 5 votes for the underlying 2A case, thats the reason that NY went out of its way to moot the case.

NYSRPA was not a win for gun prohibitionists. They lost. They chose a short term gambit. They decided to lose on their own terms. A loss is a loss.

A lot of people have said about Roberts is that he looks for "acceptance" before a broad ruling. He likes to move the chains slowly. Here, this was outlier law (NYC) with the opportunity for a narrow ruling. Then NYC decided to moot the case and basically accept/allow everything the plaintiffs wanted.

Now, the court will take another case and move the goalposts.

Lloyd · Apr 27, 2020

{ Liberals } cue mass shooting in 5, 4, 3,...

.

win296 · Apr 27, 2020

My expectations for this case were low, but I’m still surprised by how easily SCOTUS got played.

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Supreme Court Takes Major NRA Second Amendment Case from New York

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