Freidman v. Highland Park (AWB)

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    I do not have a good feeling about this one, because of Jackson v San Francisco.

    I don't either, I still view the most likely outcome is a denial and a sharply worded dissent.

    But, the fact that Caetano is relisted changes the odds.

    The fact is, any day that goes by without an outright denial is still a good day.
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    http://www.thetruthaboutguns.com/20...court-postpones-decisions-on-gun-rights-case/

    Chuck in IL: It has been whispered that neither side wants to hear any 2nd Amendment cases because neither side trusts Justice Kennedy.

    Who is doing the whispering? It would explain the 2A gridlock.

    It takes 4 to grant and 5 to win. Most of the cert petitions have been appeals from anti gun decisions. Therefore the antis on the court would have no reason to grant cert and the pro-2A justices wouldn't grant cert if they knew or suspected it would result in a loss that would reduce or eviscerate the right forever.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,559
    SoMD / West PA
    Who is doing the whispering? It would explain the 2A gridlock.

    It takes 4 to grant and 5 to win. Most of the cert petitions have been appeals from anti gun decisions. Therefore the antis on the court would have no reason to grant cert and the pro-2A justices wouldn't grant cert if they knew or suspected it would result in a loss that would reduce or eviscerate the right forever.

    Which is no worse than what is currently happening in the lower courts, with the CA7 being the exception to the rule.
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    I hate to say it, but the best thing might be to wait for a change in the makeup of the court. Pn the other hand, the longer BS like Highland Park stands the more worried I am that it will calcify and spread. Such decisions and losses on appeal only embolden the antis.
     

    rlc2

    Active Member
    Nov 22, 2014
    231
    left coast
    The left is doubling down...

    I hate to say it, but the best thing might be to wait for a change in the makeup of the court. Pn the other hand, the longer BS like Highland Park stands the more worried I am that it will calcify and spread. Such decisions and losses on appeal only embolden the antis.

    If you look at the collusion among left-wing groups, BLM, Everytown, and WaronWimmen types, calling for Executive Action, and the municipal actions passed since Jackson- Mag bans and instant criminalization by by LA city council, LT Gov Newsoms proposal for ammo registration in SF, the various efforts in NY and NJ, it would appear that the left is doubling down, daring citizens to sue, to protect their liberty.
     

    jrosenberger

    Active Member
    Jan 19, 2011
    332
    NH
    I hate to say it, but the best thing might be to wait for a change in the makeup of the court. Pn the other hand, the longer BS like Highland Park stands the more worried I am that it will calcify and spread. Such decisions and losses on appeal only embolden the antis.
    I don't think Hillary's justices will help our side.

    There was 58 years between Plessy and Brown.

    Sent from my LGLS991 using Tapatalk
     

    ddestruel

    Member
    Jun 23, 2015
    90
    If you look at the collusion among left-wing groups, BLM, Everytown, and WaronWimmen types, calling for Executive Action, and the municipal actions passed since Jackson- Mag bans and instant criminalization by by LA city council, LT Gov Newsoms proposal for ammo registration in SF, the various efforts in NY and NJ, it would appear that the left is doubling down, daring citizens to sue, to protect their liberty.


    you are right they are doubling down..... Suing isn’t getting us all of what we want maybe some out of the box thinking. i know thats for another thread but since I’m really pessimistic about any of the three cases up right now ill throw them into the mix



    Nationally:
    NRA Leading a charge to have congress attach conditions to a national security funding bill denying states access to grants or local PD subsidies if the state specifically institutes what congress views and defines as unconstitutional infringements on the 2nd amendment. lack of a constitutional carry or concealed carry permitting system for law abiding citizens. State imposed purchasing restrictions or ownership restrictions on ammunition otherwise deemed in common use including lead ammunition bans, likewise state imposed restrictions on firearms components including all forms of standard issue and available magazines otherwise available in majority of states, Any class of firearm ban that states need to administer and manage what is covered by the NFA tax stamp regulatory process. If they engage in bans then they are subject to reduced national security funding and grants.


    At the state level:
    get something on the ballot , a state constitutional amendment protecting a broad set of rights but coined as a means of restraining bonehead politicians and special deal making..... And being worded broadly you’d stand a better chance of ensnaring libertarians, liberals, and other independent voters with angst towards back room deals.....

    Instead of attacking it as a 2nd amendment protection you attach the concept of restraint to multiple groups who we wouldn’t normally associate with and bring forth a measure aimed at cleaning up politics. (all while giving ourselves a solid tool to challenge things.)

    =================================================

    The equal protection amendment
    _________________________________

    Equal application of the law amendment for state lawmakers, civilians and civil servants of ca. All laws or ballot measures passed in the state of ca that impact enumerated rights identified in the us constitution (bill of rights) or state constitution must be narrowly tailored when applied to the private law abiding citizens and enforced equally. Laws and policies that affect law abiding citizens are to be subject to strict scrutiny review and that civilians and civil servants can not receive exemptions, special privileges ect that are not equally applied and available to all other law abiding citizens. Lawmakers may not exempt themselves nor may they refuse to defend these enumerated rights in court. No portion of this amendment is intended to prevent the state from regulating criminal acts, felons or the mentally ill.

    ==================================================




    The wild card:

    Article 5 convention
    even longer shot but we need something to backstop the doubling down
     
    Last edited:

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,559
    SoMD / West PA
    It's interesting that the court granted cert to 2 petitions, one on 11/13 and the other on 11/17.

    Outside of their normal days for listing status'.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    Originally Posted by rlc2
    If you look at the collusion among left-wing groups, BLM, Everytown, and WaronWimmen types, calling for Executive Action, and the municipal actions passed since Jackson- Mag bans and instant criminalization by by LA city council, LT Gov Newsoms proposal for ammo registration in SF, the various efforts in NY and NJ, it would appear that the left is doubling down, daring citizens to sue, to protect their liberty.

    you are right they are doubling down..... Suing isn’t getting us all of what we want maybe some out of the box thinking. i know thats for another thread but since I’m really pessimistic about any of the three cases up right now ill throw them into the mix



    Nationally:
    NRA Leading a charge to have congress attach conditions to a national security funding bill denying states access to grants or local PD subsidies if the state specifically institutes what congress views and defines as unconstitutional infringements on the 2nd amendment. lack of a constitutional carry or concealed carry permitting system for law abiding citizens. State imposed purchasing restrictions or ownership restrictions on ammunition otherwise deemed in common use including lead ammunition bans, likewise state imposed restrictions on firearms components including all forms of standard issue and available magazines otherwise available in majority of states, Any class of firearm ban that states need to administer and manage what is covered by the NFA tax stamp regulatory process. If they engage in bans then they are subject to reduced national security funding and grants.


    At the state level:
    get something on the ballot , a state constitutional amendment protecting a broad set of rights but coined as a means of restraining bonehead politicians and special deal making..... And being worded broadly you’d stand a better chance of ensnaring libertarians, liberals, and other independent voters with angst towards back room deals.....

    Instead of attacking it as a 2nd amendment protection you attach the concept of restraint to multiple groups who we wouldn’t normally associate with and bring forth a measure aimed at cleaning up politics. (all while giving ourselves a solid tool to challenge things.)

    =================================================

    The equal protection amendment
    _________________________________

    Equal application of the law amendment for state lawmakers, civilians and civil servants of ca. All laws or ballot measures passed in the state of ca that impact enumerated rights identified in the us constitution (bill of rights) or state constitution must be narrowly tailored when applied to the private law abiding citizens and enforced equally. Laws and policies that affect law abiding citizens are to be subject to strict scrutiny review and that civilians and civil servants can not receive exemptions, special privileges ect that are not equally applied and available to all other law abiding citizens. Lawmakers may not exempt themselves nor may they refuse to defend these enumerated rights in court. No portion of this amendment is intended to prevent the state from regulating criminal acts, felons or the mentally ill.

    ==================================================




    The wild card:

    Article 5 convention
    even longer shot but we need something to backstop the doubling down

    Both Good posts. Also I'd say who in the judiciary will stand for 'shall not be infringed' part. Too include judicial review on registration and confiscation at state or local level. This is not in keeping with 'states keeping public safety', because I am not safe If I can't by law choose to carry a firearm as a law abiding citizen for my whole life.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    There is still a glimmer of hope. Certs have been granted in off days lately, the routine orders lists has been to deny certs.

    The orders list (as I just noted in the Mass Taser Case) affirmed an opinion and noted that quorum was lacking at last week's conference.

    I have no idea what that means (other than there were not even enough votes in the room to hold the conference?).

    Ohhhh...it looks like they lacked enough impartial justices to actually hear the case. Four justices look like they recused themselves in that particular case.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    There is still about a 50-50 chance of cert grant IMO. I am trying to maintain tryptophan-induced optimism. I am not sure there is a difference between relist #3,4,5... other than "it takes time." I am not sure what they would be doing to investigate whether this was a proper vehicle. Since neither Caetano nor Freidman would be heard this term even if granted, I am not sure there is a rush.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Um, could this be a new tact? :innocent0

    Different case. NOT related to Freidman.

    I'm pretty sure that is SOP when there aren't enough impartial justices to hear a certain case.

    Remember, it could be as simple as they owned stock or something that is the parent company of a party to the case.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,580
    Hazzard County
    Different case. NOT related to Freidman.

    I'm pretty sure that is SOP when there aren't enough impartial justices to hear a certain case.

    Remember, it could be as simple as they owned stock or something that is the parent company of a party to the case.

    It's that the dude is suing 19 federal judges (including Scalia) individually, for refusing to grant him a law license or find for him in his appeals.

    Here's the start of the district court opinion:
    In the year 2000, the Colorado Supreme Court denied Plaintiff Kenneth L. Smith’s (“Smith’s” or “Plaintiff’s”) application for membership to the Colorado bar after Smith refused to submit to a mental status examination. Following that denial and for the next nine years, Smith filed a series of lawsuits against the justices of the Colorado Supreme Court and against various state and federal judges who ruled against him in subsequent actions stemming from the adjudication of his bar application. The instant amended complaint, which Smith has filed pro se against the United States and 19 federal judges (collectively, “Defendants”), marks the eleventh lawsuit that Smith has filed stemming from the denial of his admission to the Colorado bar. (Amended Compl. (“Compl.”), ECF No. 8.) In the instant 277-page pleading, Smith generally maintains that the judges involved in his latest lawsuit, like those who decided all of his previous actions, have violated the Constitution and international law, and are therefore subject to criminal indictment and removal from the federal bench. (See id. ¶¶ 601-617.)

    The dude is a complete nut.
     

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