Go Back   Maryland Shooters > Gun Rights and Legislation > National 2A Issues
Don't Have An Account? Register Here

Join MD Shooters

Reply
 
Thread Tools Display Modes
Old October 21st, 2019, 03:34 PM #11
jcutonilli jcutonilli is online now
Member
 
Join Date: Mar 2013
Posts: 811
jcutonilli jcutonilli is online now
Member
 
Join Date: Mar 2013
Posts: 811
Quote:
Originally Posted by Fedora View Post
The Cheeseman conference was Friday 18 Oct. Earlier today Orders were released and . . . nothing. Does this suggest that Cheeseman has joined Pena / Mance / Rogers / Gould / Young as future GVRs?

That would support the thought that the NYSR&PA will be a doozy.
Quote:
Originally Posted by danb View Post
yes, no denial or relist means its also being held.
The correct answer is that it is unknown. There is no conference Fri so any relist will not be known until next Mon. It is likely being held though.
jcutonilli is online now   Reply With Quote
Old October 22nd, 2019, 03:32 PM #12
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,365
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,365
Quote:
Originally Posted by jcutonilli View Post
The correct answer is that it is unknown. There is no conference Fri so any relist will not be known until next Mon. It is likely being held though.
I'd bet it's being held with the others.
press1280 is offline   Reply With Quote
Old October 22nd, 2019, 07:55 PM #13
delaware_export delaware_export is offline
Member
 
Join Date: Apr 2018
Posts: 508
delaware_export delaware_export is offline
Member
 
Join Date: Apr 2018
Posts: 508
For the legal folks:

Is this holding viewed as a good thing?

If they, scotus, were planning on a narrow ruling, or dropping the case/mute NYC, would they hold the several that are in the channels?

Could this mean they are thinking about a ruling that would be strong guidance about infringing?

Or something else? No telling what?
delaware_export is offline   Reply With Quote
Old October 22nd, 2019, 08:28 PM #14
Inigoes's Avatar
Inigoes Inigoes is offline
Head'n for the hills
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 39,477
Inigoes Inigoes is offline
Head'n for the hills
Inigoes's Avatar
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 39,477
Quote:
Originally Posted by delaware_export View Post
For the legal folks:

Is this holding viewed as a good thing?

If they, scotus, were planning on a narrow ruling, or dropping the case/mute NYC, would they hold the several that are in the channels?

Could this mean they are thinking about a ruling that would be strong guidance about infringing?

Or something else? No telling what?
It's not bad.

More like limbo...
__________________
Life is tough, life is tougher when you are stupid.
Inigoes is offline   Reply With Quote
Old October 22nd, 2019, 11:16 PM #15
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,695
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,695
Holding the case means one of a possible set of outcomes:
1) A per curiam opinion is being written, extremely unlikely given the reach beyond Heller/McDonald/Caetano each of the cases and the breadth of cases being held.

2) They're expecting a case currently having already received cert to dispose of each case with relevant precedent.

3) A dissent from denial of cert is being written, Thomas has stated his disagreement with cert denials on 2A cases multiple times and challenged the court to grant cert instead of being cowards, sometimes in lengthy writings.

A mixture is possible but unlikely. I expect they're planning on NYSRPA v NYC providing guidance to all of the held cases.
Kharn is offline   Reply With Quote
Old October 23rd, 2019, 11:14 PM #16
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,695
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,695
Finally got around to reading the Amicus.
Aberdeen MD keeping it classy even 50 years ago.
That was probably also the first gun store they could find after crossing the MD state line.
Kharn is offline   Reply With Quote
Old October 24th, 2019, 12:22 AM #17
delaware_export delaware_export is offline
Member
 
Join Date: Apr 2018
Posts: 508
delaware_export delaware_export is offline
Member
 
Join Date: Apr 2018
Posts: 508
Thanks. I missed a few of the terms, the legal ones, like point one per curiam but the point you made in the last paragraph is kinda what I am thinking. Guidance for the other cases.

And hopefully strong guidance! In the form of major 2a support. As strongly as they support rights protected by the other amendments.

Quote:
Originally Posted by Kharn View Post
Holding the case means one of a possible set of outcomes:
1) A per curiam opinion is being written, extremely unlikely given the reach beyond Heller/McDonald/Caetano each of the cases and the breadth of cases being held.

2) They're expecting a case currently having already received cert to dispose of each case with relevant precedent.

3) A dissent from denial of cert is being written, Thomas has stated his disagreement with cert denials on 2A cases multiple times and challenged the court to grant cert instead of being cowards, sometimes in lengthy writings.

A mixture is possible but unlikely. I expect they're planning on NYSRPA v NYC providing guidance to all of the held cases.
delaware_export is offline   Reply With Quote
Old October 24th, 2019, 06:28 PM #18
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,365
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,365
Think of it this way. If Scotus rules that intermediate scrutiny is the wrong test, pretty much all the crappy opinions that we've lost all of a sudden are likely voided and we start from scratch at the lower courts.
press1280 is offline   Reply With Quote
Old October 24th, 2019, 07:03 PM #19
krucam's Avatar
krucam krucam is offline
Senior Member
 
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 8,169
krucam krucam is offline
Senior Member
krucam's Avatar
 
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 8,169
Quote:
Originally Posted by press1280 View Post
Think of it this way. If Scotus rules that intermediate scrutiny is the wrong test, pretty much all the crappy opinions that we've lost all of a sudden are likely voided and we start from scratch at the lower courts.
Correct if they rule on Scrutiny, aka the 2A 2 Step. The point has been made however that Means End Scrutiny is incorrect (Rational, Intermediate, Strict). That History/Time/Text analysis is the correct way to do the analysis. There were 3 and am on my phone and cant remember.

Anywhoose, the Means End Scrutiny "could" be toast IF the case isnt mooted.
__________________
Mark C.

Dallas/Ft Worth, TX

Post McDonald Second Amendment Cases/Links HERE
krucam is offline   Reply With Quote
Old October 24th, 2019, 07:30 PM #20
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,695
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,695
Text, history, tradition
Kharn is offline   Reply With Quote
Reply

  Home Page > Forum List > Gun Rights and Legislation > National 2A Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 04:18 PM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
2019, Congregate Media, LP Privacy Policy Terms of Service