Supreme Court Takes Major NRA Second Amendment Case from New York

Fedora said:

So, if things go well this November, why don't we do that?

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Because we're not douchebags. Trump and McConnell doing a very good job with every tier of the federal judiciary. Four more years? Probably two more SCOTUS replacements. And hundreds more district, circuit, and appellate judges.

I feel we are rapidly running out of boxes.

If we do most don't understand how bad it will be.

niftyvt said:

They will pack the court anyways. They dont need an excuse because they only care about power over us.

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I don't disagree.

Occam said:

Because we're not douchebags. Trump and McConnell doing a very good job with every tier of the federal judiciary. Four more years? Probably two more SCOTUS replacements. And hundreds more district, circuit, and appellate judges.

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The lower courts are equally as important if not more so. If you stop all cases before they make it to SCOTUS, that's still a huge win.

swamplynx said:

Right. When forced, is he really going to decimate the right because he is forced into putting his big boy pants on and making a decision he doesn't want to have to make?

When the court was 4-4, waiting for Scalia's seat to be filled, a 4-4 decision resulted in the circuit decision standing and no SCOTUS precedent for the case. Can there be such thing as a 4-4-1 decision? Where Roberts doesn't sign on to either opinion? Or do you have to vote one way or the other?

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I did not say or imply he (Roberts) would "decimate" Heller or the right.

These are not binary choices. Even may v shall, which is closest to binary is not totally binary. Others much less so.

Heller itself is a product of pretty much only as strong for Second Amendment as the most centrist at the time (Kennedy) was to get to 5 votes.

So such a thing as 4-4-1 isn't the issue, it is the 4 knowing they may have to compromise to get that 1 with them.

As far as the results of the upcoming election, it is not just about the white House but also the Senate.

Lets not forget how the Democrats and the press have said that both Gorsuch and Kavanaugh are essentially illegitimate appointments. It is a constant refrain. It is possible that a Dem Senate could block approval of both SCOTUS and rest of federal bench noms the entire last two years of a second term while being lauded by the press for doing so.

Consider how brazen the criticism of the court is right now, and how mainstream for packing are -- even crazier given Trump has simply replaced two republicans with two republicans. Even if they don't pack, if it is him in the White House and Schumer running the senate and RBG seat at issue a Dem Senate can easy triple down on how far McConnell (10 months) went with Merrick Garland. RBG would just have to survive first two years of second Trump term, and Dem Senate could block a replacement through delays.

If the Dens take both the White house and Senate I think they will go for packing the court from the get go and , killing chance of any pro second amendment cases, and also quite possibly over-ruling parts of Heller. SCOUTUS has overruled hundreds of its own precedents, it is not uncommon. The court has in fact overruled, in part or in whole, about 50 of its own prior Bill of decisions cases since the 1960's: https://en.wikipedia.org/wiki/List_...tates_Supreme_Court_decisions#First_Amendment

The last Dem Senate leader, Harry Reid, was not strongly anti-second Amendment for a Democrat. Schumer is from NY and is anti Second Amendment to his core. He also has giant balls and won his profoundly blue state 71:27.

Turn both White House and Senate: High potential of SCOTUS court pack immediately, place two hard left noms on that court
Just take Senate: in Senate slow walk, possibly block Trump federal courts 2021-22 noms, quite possibly block all 2023-24 noms
Just take White House: will mean 12 of 16 years, 75% of 2009-2025 inclusive, will be Dem Noms to regional appeals/d, fed district and supreme courts (recent turnover about 150-200/~800 per four year presidential term):

Thank you for the stats Rascal!

Was Friday an important day for other cases to be taken? Or this year is over?

ironpony said:

Was Friday an important day for other cases to be taken? Or this year is over?

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January is the latest a case can be added to still make argument in a term. And that is without a government body crying for extensions.

ironpony said:

Was Friday an important day for other cases to be taken? Or this year is over?

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SCOTUS began holding certain 2A cert petitions once they found out this case might be mooted. When they released their opinion of this case last Monday, they added all 10 of the 2A cases they had been holding to the next conference. The conference was last Friday. As of right now they have not granted any new 2A cases but have not denied cert to any of them either.

The current term for SCOTUS end in June. The next term begins in October. They will continue to grant cases until the end of the term and begin again around the end of September. Cases need to be granted by the middle of January in order to be heard in the current term, otherwise they are held over to the next term. All cases heard in a term will be decided by the end of that term.

I cant help but wonder if SCOTUS will hold all 10 2A cases to the next term. I bet Roberts wants to see which way the winds will be blowing and or if RGB retires from the bench before then.

motorcoachdoug said:

I cant help but wonder if SCOTUS will hold all 10 2A cases to the next term. I bet Roberts wants to see which way the winds will be blowing and or if RGB retires from the bench before then.

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Considering this term ends in June, we are definitely waiting until next term.

I would also expect that if cert is given, several of the similar cases will be consolidated. There are two clear groupings, one on "may issue" CCW permitting, another on what firearms and accessories a state can prohibit to the citizens.

motorcoachdoug said:

I cant help but wonder if SCOTUS will hold all 10 2A cases to the next term. I bet Roberts wants to see which way the winds will be blowing and or if RGB retires from the bench before then.

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There are 8 more conferences. I would tend to think they could make up their mind before that.
One thing which may give us a clue is see if SCOTUS actually doesn't re-list all cases, perhaps just some. That would tell me the cases not being re-listed are seen as GVR candidates only, while the ones that get re-listed are being considered as proper vehicles to be heard on the merits.
So far (and it's early in the week) none have yet to actually be re-listed.

Legal Insurrection's analysis...

https://legalinsurrection.com/2020/...k-state-rifle-pistol-assn-v-city-of-new-york/



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Boxcab said:

Legal Insurrection's analysis...

https://legalinsurrection.com/2020/...k-state-rifle-pistol-assn-v-city-of-new-york/



.

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Boxcab said:

Legal Insurrection's analysis...

https://legalinsurrection.com/2020/...k-state-rifle-pistol-assn-v-city-of-new-york/



.

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That's a great read. Thanks for sharing. I hope he's right.

Blacksmith101 said:

I feel we are rapidly running out of boxes.

If we do most don't understand how bad it will be.

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As the virus stuff proves, it's easy for government to simply ignore the COTUS and law and do whatever it wants. The people will go along with it (for a spell) out of fear and self-preservation. There is nothing rapid about the judicial process. Heck, that box may not matter.

Boxcab said:

Legal Insurrection's analysis...

https://legalinsurrection.com/2020/...k-state-rifle-pistol-assn-v-city-of-new-york/.

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Nice read, Thanks for the posting.

Of course it happens to follow with how I think so it must be right!

That was very interesting reading. Thank you for posting it.