SCOTUS 5/1

pcfixer · Apr 29, 2020

There are currently ten 2A cases being held by #SCOTUS, and distribution for the 5/1 conference

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

https://reason.com/2020/04/28/after...cond-amendment-cases-for-5-1-2020-conference/

press1280 · Apr 29, 2020

pcfixer said:
There are currently ten 2A cases being held by #SCOTUS, and distribution for the 5/1 conference

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

https://reason.com/2020/04/28/after...cond-amendment-cases-for-5-1-2020-conference/

This will definitely be one of the most (if not THE most) anticipated conferences for the 2A.

danb · Apr 29, 2020

I predict that some or all of these cases will be relisted leading to endless speculation, absurdly long and meaningless analysis by people who have not read the briefs, complains about the Wuhan Coronavirus and Mandatory Lockdowns, some inside baseball MDS jokes, but only 3% of the posts will be relevant, and we will have no actual news for at least 2 weeks.

press1280 · Apr 29, 2020

Rogers supplemental briefing

Rogers (NJ may issue case) has filed a supplemental brief after NYSRPA was handed down:

https://www.supremecourt.gov/Docket...020-04-29 Rogers supplemental brief FINAL.pdf

They cite the Gould brief (MA may-issue) several times as the Gould brief tells SCOTUS to take the Rogers case!

danb · Apr 29, 2020

press1280 said:
Rogers (NJ may issue case) has filed a supplemental brief after NYSRPA was handed down:

https://www.supremecourt.gov/Docket...020-04-29 Rogers supplemental brief FINAL.pdf

They cite the Gould brief (MA may-issue) several times as the Gould brief tells SCOTUS to take the Rogers case!

Lol

Ellegon · Apr 29, 2020

danb said:
I predict that some or all of these cases will be relisted leading to endless speculation, absurdly long and meaningless analysis by people who have not read the briefs, complains about the Wuhan Coronavirus and Mandatory Lockdowns, some inside baseball MDS jokes, but only 3% of the posts will be relevant, and we will have no actual news for at least 2 weeks.

The only thing you left out was a car in a cul-de-sac in a snow bank. Very good !

Pope414 · Apr 30, 2020

Clement really hammers home the point the urgency and unique opportunity Rogers gives the Court.. Maybe I am just being that glass half full guy but I feel Rogers has a better than good chance at cert. ....Now for the "wet dream" Thomas writes the majority opinion .... Hey a man can dream right??

press1280 · Apr 30, 2020

danb said:
I predict that some or all of these cases will be relisted leading to endless speculation, absurdly long and meaningless analysis by people who have not read the briefs, complains about the Wuhan Coronavirus and Mandatory Lockdowns, some inside baseball MDS jokes, but only 3% of the posts will be relevant, and we will have no actual news for at least 2 weeks.

Probably. We may get several relists because we don't know how much the court has really looked at the held cases (obviously they're aware they're there). That and the fact they have all these cases which can be stacked up next to each other to find a suitable vehicle.

pcfixer · Apr 30, 2020

just me. but I'd like to see 2
Rogers v. Grewal (3rd Circuit)—challenge to New Jersey's "may issue" conceal carry licensing regime

Worman v. Healey (1st Circuit)—challenge to Massachusetts ban on "assault weapons" and large-capacity magazines.

Those two would cover all 10 case with 2 opinions!

To clear up commonly used semi's include AR style rifles and 30/20 round mags are covered by 2 A

To clear up CCW is for Self Defense/Lawful and no other reasoning needed.

Knuckle Dragger · Apr 30, 2020

pcfixer said:
just me. but I'd like to see 2
Rogers v. Grewal (3rd Circuit)—challenge to New Jersey's "may issue" conceal carry licensing regime

Worman v. Healey (1st Circuit)—challenge to Massachusetts ban on "assault weapons" and large-capacity magazines.

Those two would cover all 10 case with 2 opinions!

To clear up commonly used semi's include AR style rifles and 30/20 round mags are covered by 2 A

To clear up CCW is for Self Defense/Lawful and no other reasoning needed.

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 - hopefully not - which one(s) they deny. They're going to map out a path that they mostly can agree to. And the justices have at least nine opinions on how to proceed. I think they want to avoid more angry dissents for cert, so they'll do something.

I am almost certain however that at this time next year we'll have new ammunition for several more years of lawsuits.

Mike OTDP · Apr 30, 2020

It seems to me that they may well consolidate several of the cases. We've got two big questions:

1. Can the state ban broad classes of firearms and accoutrements that are functionally safe for the operator?

2. Can the state make the bearing of arms a privilege denied to law-abiding citizens without a "good reason" defined by the state?

newmuzzleloader · Apr 30, 2020

Ellegon said:
The only thing you left out was a car in a cul-de-sac in a snow bank. Very good !

Isn't there a haunted Garand floating around somewhere also? And Joseph is still stuck in between after all these years...

jcutonilli · Apr 30, 2020

I suspect they will grant Pena because it has the least impact. It only affects CA handguns that everyone else already allows. They will likely hold the rest of the cases in case CA rescinds their law. I am hoping that part of the delay in releasing NYSRPA was to figure out what the next case will be so that they can publicly announce it on Fri. Historically it will likely take several weeks for them to determine which one if any they will take.

Inigoes · Apr 30, 2020

Okay, I will be the one who pee's in the pool.

IIRC, When the SCOTUS was looking at Drake, and holding all of the other cases. When they dropped Drake due to NJ's machinations, all of the others pending cert, were denied too.

jcutonilli · Apr 30, 2020

Inigoes said:
Okay, I will be the one who pee's in the pool.

IIRC, When the SCOTUS was looking at Drake, and holding all of the other cases. When they dropped Drake due to NJ's machinations, all of the others pending cert, were denied too.

What other cases were being held?

clandestine · Apr 30, 2020

I would bet they deny every one of the cases. I hope I am wrong.

danb · Apr 30, 2020

Inigoes said:
Okay, I will be the one who pee's in the pool.

IIRC, When the SCOTUS was looking at Drake, and holding all of the other cases. When they dropped Drake due to NJ's machinations, all of the others pending cert, were denied too.

At the time there was no circuit split. Kennedy was on the court, and there were rumors of vehicle problems.

jcutonilli said:
What other cases were being held?

II dont think that there were any being held as there have been over the last year, the case here.

Fox123 · Apr 30, 2020

clandestine said:
I would bet they deny every one of the cases. I hope I am wrong.

I too hope you are wrong, unfortunately I agree with you.

Pope414 · Apr 30, 2020

jcutonilli said:
What other cases were being held?

IIRC Drake was denied due to deceit from the State of NJ. during the time when Drake was before the SCOTUS NJ Supreme Court granted cert to Pantano just so they could say Drake needs to be dismissed because an identical case was before the state Supreme Court ...the SCOTUS was left with no choice but to deny cert due to the state case. once Drake was denied the NJ Supreme Court dismissed Pantano within 2 weeks of Drakes denial as "improvidently granted".. I doubt Thomas ,Alito & Roberts have forgotten how they were played by the State of NJ
Rogers is unique it gives the court another shot at righting Drake (Rogers) and the State that played the shell game on them in the first place (New Jersey)
couple that with NYSRPA ,The Dems(Sens. Whitehouse,Blumenthal,Hirono and Durbin) threat to the court and most recent the the same Dems spiking the ball in an opinion article they authored in the WSJ on 4/28... The Justices are not robots ..well maybe RBG LOL ...payback is a bitch they all have good memories and IMHO I think Rogers & Cheeseman out of NJ just might be Karma coming back to bite them in the ass...

press1280 · Apr 30, 2020

Pope414 said:
IIRC Drake was denied due to deceit from the State of NJ. during the time when Drake was before the SCOTUS NJ Supreme Court granted cert to Pantano just so they could say Drake needs to be dismissed because an identical case was before the state Supreme Court ...the SCOTUS was left with no choice but to deny cert due to the state case. once Drake was denied the NJ Supreme Court dismissed Pantano within 2 weeks of Drakes denial as "improvidently granted".. I doubt Thomas ,Alito & Roberts have forgotten how they were played by the State of NJ
Rogers is unique it gives the court another shot at righting Drake (Rogers) and the State that played the shell game on them in the first place (New Jersey)
couple that with NYSRPA ,The Dems(Sens. Whitehouse,Blumenthal,Hirono and Durbin) threat to the court and most recent the the same Dems spiking the ball in an opinion article they authored in the WSJ on 4/28... The Justices are not robots ..well maybe RBG LOL ...payback is a bitch they all have good memories and IMHO I think Rogers & Cheeseman out of NJ just might be Karma coming back to bite them in the ass...

With the multitude of denials that came after Drake I just think that theory is a reach.
The more likely scenario is it was just too early in the game and Kennedy (and maybe Roberts for that matter) were viewed as too unreliable in a case like Drake.

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