Supreme Court Takes Major NRA Second Amendment Case from New York

jcutonilli · Apr 27, 2020

Boxcab said:
Is not the 2020/21 schedule already filled? Will we have to wait until 2022 for a ruling?

.

The cutoff date is around the middle of January. This case was granted cert afterward so it was argued in the current term rather than the last one. Any case that is granted cert between now and mid January will likely be decided by June 2021.

whistlersmother · Apr 27, 2020

Blueprint for all gun control laws from now on.

Pass the most draconian law possible, water it down IF it ever gets to SCOTUS.

In fact, ANY law will follow this blueprint.

Then when mootness is determined, re-pass original law.

Cowards

Knuckle Dragger · Apr 27, 2020

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. And they have a deep bench of petitions to take up next. Sometimes it's worth waiting for good things to happen. Granting cert in one or more of the pending petitions might be a whole lot better than having won NYSRPA and having the other petitions GVR'd.

Steel Hunter · Apr 27, 2020

whistlersmother said:
Blueprint for all gun control laws from now on.

Pass the most draconian law possible, water it down IF it ever gets to SCOTUS.

In fact, ANY law will follow this blueprint.

Then when mootness is determined, re-pass original law.

Cowards

A decade or five from now this "loophole" will eventually get plugged. The unfortunate part is that might not happen in any of our lifetimes.

rambling_one · Apr 27, 2020

More slip and slide, might be’s, and guess what’s. Either I’ll die before a legitimate 2A ruling is passed or be so old as to not give a shite about it.

nedsurf · Apr 27, 2020

krucam said:
Justice Kavanaugh's statement is promising:

That was a good statement. I hope it is the blatant foreshadowing that we think it is.

danb said:
We'll see. I think its too easy with Pena for the CA DOJ to moot the case. Now that they know that works, they will surely try.

With all the BS that NYC pulled in this case, this sets a terrible precedent. States and municipalities will just do this over and over; they will get what they want for a few years then move on to the next method to infringe on 2A. It will make pro 2A spin our wheel$ in litigation, then at the last minute moot the case by dropping the law. :mad54:

Kharn · Apr 27, 2020

danb said:
There were by my count 6 votes for mootness.

Kavanaguh is telegraphing a vote for cert and also a vote for Alito's analysis. So, I think we have the votes for another case, the question is which is the best case. Any case with Clement as the lead will rise to the top of the pile, IMO.

Convention is six votes for a per curiam, IIRC.

danb · Apr 27, 2020

nedsurf said:
That was a good statement. I hope it is the blatant foreshadowing that we think it is.

With all the BS that NYC pulled in this case, this sets a terrible precedent. States and municipalities will just do this over and over; they will get what they want for a few years then move on to the next method to infringe on 2A. It will make pro 2A spin our wheel$ in litigation, then at the last minute moot the case by dropping the law.

I think so too. I think that Alito et al have the better of this argument, it encourages people to manipulate the docket. At the same time, this was probably not a great case to start breaking new ground on mootness doctrine.

I suspect Roberts and Kavanaugh were convinced to let this slide because there will be some cases coming up.

buellsfurn · Apr 27, 2020

danb said:
I think so too. I think that Alito et al have the better of this argument, it encourages people to manipulate the docket. At the same time, this was probably not a great case to start breaking new ground on mootness doctrine.

I suspect Roberts and Kavanaugh were convinced to let this slide because there will be some cases coming up.

Ralphie black face is smiling .

Boxcab · Apr 27, 2020

danb said:
I suspect Roberts and Kavanaugh were convinced to let this slide because there will be some cases coming up.

It is telling with all the 2A cases they have "on deck". I figured they were telegraphing something, just not this. I hope they can call up "the next man" and get him into the game quickly.

.

E.Shell · Apr 27, 2020

We are the cats, jumping again and again for that elusive favorable ruling...

rbird7282 · Apr 27, 2020

nedsurf said:
That was a good statement. I hope it is the blatant foreshadowing that we think it is.

With all the BS that NYC pulled in this case, this sets a terrible precedent. States and municipalities will just do this over and over; they will get what they want for a few years then move on to the next method to infringe on 2A. It will make pro 2A spin our wheel$ in litigation, then at the last minute moot the case by dropping the law.

Yep I’m actually amazed at the number of people here that thought it was going to be different this time. I have NO faith that the courts (especially the SC) will do the right thing.

Sent from my iPhone using Tapatalk

BeoBill · Apr 27, 2020

E.Shell said:
We are the cats, jumping again and again for that elusive favorable ruling...

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.

jcutonilli · Apr 27, 2020

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

Occam · Apr 27, 2020

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

It's like stepping back up to the slot machine with another shiny silver dollar!

W2D · Apr 27, 2020

Where can I get a few strands of RBG’s hair?
Asking for a Haitian friend.

Sent from my iPhone using Tapatalk Pro

Steel Hunter · Apr 27, 2020

W2D said:
Where can I get a few strands of RBG’s hair?
Asking for a Haitian friend.

Sent from my iPhone using Tapatalk Pro

Just pass a law mandating that all citizens get the right to a few strands of SCOTUS judge hair then take the law off the books once the court tries to review it so they have to consider it moot. Then promise not to implement the same law again later, but do it anyways and start the process all over again. :innocent0

Steel Hunter · Apr 27, 2020

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

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.

adit · Apr 27, 2020

Fvcked by Kavanaugh :mad54:

, and Roberts again.

Steel Hunter · Apr 27, 2020

adit said:
Fvcked by Kavanaugh , and Roberts again.

Kavanaugh said:
And I share JUSTICE ALITO’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one ofthe several Second Amendment cases with petitions for cer-tiorari now pending before the Court.

I don't think Kavanaugh is intending to screw gun owners in any way. I do think he is trying to ensure that SCOTUS is operating within their legal authorities. I don't like the outcome of this case, but we do need to be reasonable here and grasp that the crux of the issue of this case is not about guns and is entirely about legal maneuvering.

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. Only time will tell, but I wouldn't waste time being upset over this case. There are plenty more already in the queue.

Supreme Court Takes Major NRA Second Amendment Case from New York

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