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Old May 12th, 2019, 05:38 AM #21
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Originally Posted by j_h_smith View Post
I just don't see how these states can argue against Wrenn vs DC. I thought once it was settled law, it was the law of the land.
It's the law of that circuit. The other states are trying to argue against it so Scotus won't step in.
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Old May 12th, 2019, 07:30 AM #22
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The states know that it does create a split and they are really afraid that if SCOTUS does step in they will strike down their G&S Laws as well even tho the DC Circuit is a very small circuit it is still a federal circuit that went against the rest of them..
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Old May 12th, 2019, 09:39 AM #23
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The states know that it does create a split and they are really afraid that if SCOTUS does step in they will strike down their G&S Laws as well even tho the DC Circuit is a very small circuit it is still a federal circuit that got it right for a change..
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Old May 13th, 2019, 10:15 AM #24
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DC Circuit is not "very small," certainly in terms of impact. It hears a lot of very important administrative law cases and separation of powers cases (for example) and is considered the 2nd highest court in the land. 4 of the 9 justices came from DC Circuit. If by "very small" you mean "bigly huge," yes that.

It is kind of a joke to minimize the importance of a split with the DC circuit on a constitutional issue. The kind of joke you dont really want to make in a serious brief. Oh and by the way it tends to lean progressive making the joke even more ironic. But I am sure MA and NJ did not mean it as a joke. They were totally serious.
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Old May 15th, 2019, 02:09 PM #25
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Just because I'm a curious fellow:

Say SCOTUS hears the cases and rules that G&S is an unconstitutional restriction on 2A. Does that mean the laws are automatically and immediately voided, or does each state then need to be sued to get the laws reversed?
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Old May 15th, 2019, 02:17 PM #26
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Each state would need to be sued to reverse.
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Old May 15th, 2019, 02:18 PM #27
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Quote:
Originally Posted by ras_oscar View Post
Just because I'm a curious fellow:

Say SCOTUS hears the cases and rules that G&S is an unconstitutional restriction on 2A. Does that mean the laws are automatically and immediately voided, or does each state then need to be sued to get the laws reversed?
Nothing is automatic. The other states can either change their "good reason" laws voluntarily or wait to get sued and argue that their law is "different"
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Old May 15th, 2019, 02:33 PM #28
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I like the Rogers case better, only because NJ is a bit more severe than MD.
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Old May 15th, 2019, 04:17 PM #29
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Nothing is automatic. The other states can either change their "good reason" laws voluntarily or wait to get sued and argue that their law is "different"
I'd like to see them argue the latter especially when they've briefed every court that their laws are essentially the same.
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Old May 16th, 2019, 08:45 AM #30
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Quote:
Originally Posted by Inigoes View Post
Each state would need to be sued to reverse.


Quote:
Originally Posted by esqappellate View Post
Nothing is automatic. The other states can either change their "good reason" laws voluntarily or wait to get sued and argue that their law is "different"


Quote:
Originally Posted by ras_oscar View Post
Just because I'm a curious fellow:

Say SCOTUS hears the cases and rules that G&S is an unconstitutional restriction on 2A. Does that mean the laws are automatically and immediately voided, or does each state then need to be sued to get the laws reversed?


And, obviously, Maryland would fight it all the way.


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