NYC CCW case is at SCOTUS!

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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,594
    SoMD / West PA
    Awaiting opinion count (If my math is right)
    November - 1 (NY)
    December - 7
    January - 6
    February - 7
    March - 7
    April - 10
    -----------------------
    38
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    The really interesting thing is that today's opinion from Roberts is from the Dec sitting. He probably did not author Dobbs.

    Hold on to your seats.
     

    Decoy

    Ultimate Member
    MDS Supporter
    Mar 2, 2007
    4,929
    Dystopia
    The really interesting thing is that today's opinion from Roberts is from the Dec sitting. He probably did not author Dobbs.

    Hold on to your seats.

    But at least this means we are almost certain that NYC CCW was written by Thomas or Barrett.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    I dont think Roberts has Dobbs, and this has me rethinking my prediction for NY Guns.

    Thomas has the fewest # opinions out so far (1 vs avg of 2 1/2 for the rest).

    I now think Roberts lost the majority in Dobbs and Ny Guns.

    My new crystal ball has Thomas, Roberts concurring in part and dissenting in part, and Breyer writing his Magnum Opus dissent for retirement. He is going to hold the whole thing up and ride into the sunset flamethrowers ablaze.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,581
    Hazzard County
    I dont think Roberts has Dobbs, and this has me rethinking my prediction for NY Guns.

    Thomas has the fewest # opinions out so far (1 vs avg of 2 1/2 for the rest).

    I now think Roberts lost the majority in Dobbs and Ny Guns.

    My new crystal ball has Thomas, Roberts concurring in part and dissenting in part, and Breyer writing his Magnum Opus dissent for retirement. He is going to hold the whole thing up and ride into the sunset flamethrowers ablaze.
    Thomas would likely consider NYSRPA his magnum opus as well, even if he sat on the bench another four years. He's wanted to write a pro- carry opinion for a decade.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,239
    Curious if Roberts floats, and it’s a majority, 6/3 for some and 5/4 for other parts, how does that work on gun cases? And more importantly, as circuits and states pick and choose to their liking, I am jaded enough to think they’ll quote roberts dissenting portions to continue to justify resistance. How blunt can the majority be?even to address possible 5/4 sections.. and the possible 6/3 as well?

    any thoughts on that from the legal eagles here? While we have time to speculate.

    I dont think Roberts has Dobbs, and this has me rethinking my prediction for NY Guns.

    Thomas has the fewest # opinions out so far (1 vs avg of 2 1/2 for the rest).

    I now think Roberts lost the majority in Dobbs and Ny Guns.

    My new crystal ball has Thomas, Roberts concurring in part and dissenting in part, and Breyer writing his Magnum Opus dissent for retirement. He is going to hold the whole thing up and ride into the sunset flamethrowers ablaze.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    Curious if Roberts floats, and it’s a majority, 6/3 for some and 5/4 for other parts, how does that work on gun cases? And more importantly, as circuits and states pick and choose to their liking, I am jaded enough to think they’ll quote roberts dissenting portions to continue to justify resistance. How blunt can the majority be?even to address possible 5/4 sections.. and the possible 6/3 as well?

    any thoughts on that from the legal eagles here? While we have time to speculate.

    Same as on any other case, the parts that got 5 votes control.

    What really matters is not how blunt or not blunt they are. What matters is that the 5 votes are serious enough to vacate and remand some cases in the pipeline.

    After Heller and McDonald they did not take other cases, even though the courts egregiously misapplied it.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,594
    SoMD / West PA
    Monday (5/2) is the next opinion issuance day.

    Awaiting opinion count (If my math is right)
    November - 1 (NY)
    December - 7 (Dobbs v Jackson - Abortion), (Carson v Makin)
    January - 6
    February - 7 (WV v EPA - Chevron overreach - similar to bump stock)
    March - 7
    April - 10 (Kennedy v Bremerton), (Biden v Texas)
    -----------------------
    38
     
    Last edited:

    FrankZ

    Liberty = Responsibility
    MDS Supporter
    Oct 25, 2012
    3,366
    Monday (5/2) is the next opinion issuance day.

    Awaiting opinion count (If my math is right)
    November - 1 (NY)
    December - 7 (Dobbs)
    January - 6
    February - 7
    March - 7
    April - 10
    -----------------------
    38

    Yer just trying to tease everyone.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    Curious if Roberts floats, and it’s a majority, 6/3 for some and 5/4 for other parts, how does that work on gun cases? And more importantly, as circuits and states pick and choose to their liking, I am jaded enough to think they’ll quote roberts dissenting portions to continue to justify resistance. How blunt can the majority be?even to address possible 5/4 sections.. and the possible 6/3 as well?

    any thoughts on that from the legal eagles here? While we have time to speculate.

    I stated in an early post that I was thinking something similar.

    because… There will be three things basically said.

    1. The right to carry beyond the cartilage of one’s home or business with the only reason needed being that of self defense. That will get the 6-3 vote. Roberts even questioned the validity of why should this be the only right that requires a permit.

    2. Sensitive Places. This will get the 5-4 split. Over what should or shouldn’t be considered sensitive places.

    3. what level of scrutiny &/or balancing should be used. Intermideiate, strict or THT. Or combination there of for future 2A cases by lower courts. This will also get a 5-4 vote.

    All of this i JMHO Though.

    I also think that Thomas might be writing this one. He has been wanting to write a 2A case ever since Heller. He has issued many dissents since Heller. Roberts really kind of owes him his Magnus Opus opinion case and this would be Thomas’s. If he doesn’t get to write this one, I would be willing to bet there were some mighty tough arguments and fighting going on Behind the scenes. Also if he doesn’t get NYSPRA as The Majority Opinion. He will definitely write a concurring opinion. Which sticks as well for lower courts. I also believe he might write an opinion for Young v Hawaii, or ANJRPC case when those are issued PC.
     

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