Supreme Court Takes Major NRA Second Amendment Case from New York

daNattyFatty · Sep 27, 2019

Occam said:
LIBERALS: "Well, that was FOREVER ago, and nothing that happened that long ago should have any bearing on the over four decades of gun-grabbing infringement we've been practicing since then. Only four decades matters!"

ME: "Except for those reparations, right?"

LIBERAL: "Right, except for that."

Let’s not forget about Roe v Wade a year later.

Sent from my iPhone using Tapatalk Pro

lazarus · Sep 27, 2019

Bob A said:
An interesting, if a little lengthy, article on the three tiers of scrutiny, how they developed, and why they are essentially the antithesis of constitutionality, and how they might be replaced.

I confess to skimming after a while, but it was on the whole very informative. Yet another example of .gov confusing the issues in order to mollify/pander to the progressive movement.

Get rid of tiers, and remove unelected and untouchable Administrative Law Judges, whose job is essentially to define regulations that lawmakers lack the spine to put into the laws they write. That would take us a long way toward returning the reins of govt to the People, under the COTUS.

It’s literally impossible to put in to law what is in regulations. Regulations are how the law is carried out. If you tried to put it all in to law, even if you tried to slim it down, you’d have Bills a thousand pages long.

The biggest issue with admin law judges is they give too much deference to the agencies they “work for”. Regulation itself is necessary, even if occasionally some regulations aren’t.

Stoveman · Sep 27, 2019

Kharn said:
1) Ruling constitutional carry is required, incredible long shot, depends how pissed the five votes are about NYC's "government permission slip to go to the gunsmith" and similar shenanigans.

2) "Text, history and tradition" test, making jurisdictions justify their conduct vs founding documents and how long they've been doing it. Supported by the text of Heller and Kavanaugh agreed with it in Heller II; MD was an OC state until 1972.

3) Strict scrutiny, cutting out the 2A two-step and requiring any infringement be narrowly tailored.

My bet is on #2.

Still is except a wear and carry permit is now required.

DanGuy48 · Sep 28, 2019

Bob A said:
An interesting, if a little lengthy, article on the three tiers of scrutiny, how they developed, and why they are essentially the antithesis of constitutionality, and how they might be replaced.

I confess to skimming after a while, but it was on the whole very informative. Yet another example of .gov confusing the issues in order to mollify/pander to the progressive movement.

Get rid of tiers, and remove unelected and untouchable Administrative Law Judges, whose job is essentially to define regulations that lawmakers lack the spine to put into the laws they write. That would take us a long way toward returning the reins of govt to the People, under the COTUS.

Thanks for the comment. What you stated was the impression I got while reading it, that this was a way of squirming around issues that those unhappy with the constitution did not want to face.

danb · Sep 28, 2019

T-6 days.

Bob A · Sep 28, 2019

DanGuy48 said:
Thanks for the comment. What you stated was the impression I got while reading it, that this was a way of squirming around issues that those unhappy with the constitution did not want to face.

You're welcome.

BTW, my rant about ALJs was not part of the article, just my tangential opinion.

E.Shell · Sep 28, 2019

danb said:
T-6 days.

Yep, just under two weeks...

HaveBlue · Sep 28, 2019

I don’t recall seeing a case with that many Amici or literally pages of “counsel of record” listings.

jcutonilli · Sep 28, 2019

danb said:
T-6 days.

How do you get 6 days? The conference is on the first (a Tuesday, three days away) and the orders don't come out until the seventh (a Monday, nine days away).

https://www.scotusblog.com/events/2019-10/

jcutonilli · Sep 28, 2019

HaveBlue said:
I don’t recall seeing a case with that many Amici or literally pages of “counsel of record” listings.

from https://www.cocklelegalbriefs.com/blog/supreme-court/increase-of-amici-curiae-supreme-court/

The 2014-2015 term broke records for most amicus briefs filed in a single case (147 in No. 14-556; Obergefell v. Hodges) and the most signatories on a single brief (207,551 signatories calling for full nationwide marriage equality via The People’s Brief filed in Obergefell).

danb · Sep 29, 2019

jcutonilli said:
How do you get 6 days? The conference is on the first (a Tuesday, three days away) and the orders don't come out until the seventh (a Monday, nine days away).

https://www.scotusblog.com/events/2019-10/

Ah, I thought the orders came out the 4th.

HaveBlue · Sep 29, 2019

jcutonilli said:
from https://www.cocklelegalbriefs.com/blog/supreme-court/increase-of-amici-curiae-supreme-court/

The 2014-2015 term broke records for most amicus briefs filed in a single case (147 in No. 14-556; Obergefell v. Hodges) and the most signatories on a single brief (207,551 signatories calling for full nationwide marriage equality via The People’s Brief filed in Obergefell).

Indeed. NYSRP is only up to 50 (rough count) amici.

danb · Sep 30, 2019

Tomorrow Schrödinger's cat lives or dies, but we dont open the box for a few days!

Kharn · Sep 30, 2019

danb said:
Tomorrow Schrödinger's cat lives or dies, but we dont open the box for a few days!

The box will smell like poo or dead cat soon enough...

HaveBlue · Sep 30, 2019

This was a interesting article suggestion how the court could and should deal with tiers of scrutiny....

https://www.nationalaffairs.com/publications/detail/against-the-tiers-of-constitutional-scrutiny

motorcoachdoug · Oct 1, 2019

That is a very interesting article to read.

Cal68 · Oct 1, 2019

I'm not a lawyer but I too agree that it was a very interesting article to read. I know that I did not understand all the nuances of the article, but I got the gist of it. And I was impressed by all the precedents and references cited by the authors to make their point. Thanks for posting.

Cal68

DanGuy48 · Oct 1, 2019

HaveBlue said:
This was a interesting article suggestion how the court could and should deal with tiers of scrutiny....

https://www.nationalaffairs.com/publications/detail/against-the-tiers-of-constitutional-scrutiny

I bet I know where you saw that. :innocent0

https://www.mdshooters.com/showthread.php?p=5667421#post5667421

HoCoShooter · Oct 1, 2019

jcutonilli said:
How do you get 6 days? The conference is on the first (a Tuesday, three days away) and the orders don't come out until the seventh (a Monday, nine days away).

https://www.scotusblog.com/events/2019-10/

So conference today, and next Mon is the final NYSRPA opinion ‘release’ date, correct?

danb said:
Tomorrow Schrödinger's cat lives or dies, but we dont open the box for a few days!

Are we getting a Red Ryder or a bunny suit?

krucam · Oct 1, 2019

Need to get one of those miniature drone fly's to hang out on the wall in the conference room....

Supreme Court Takes Major NRA Second Amendment Case from New York

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