Supreme Court Takes Major NRA Second Amendment Case from New York

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Having been there: I'd say 200 Bloombots is about right. More like a dozen (overt) Deplorables keeping it interesting.

    Conservatives work and pay taxes, and cannot take a day off work, so that their liberal wives can run down to DC and hold signs. Some would say, anyway.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    I didn't read Roberts' (only) question on page 43 to indicate an inclination towards mootness, as the chicken littles on other sites are decrying and the media is parroting.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,429
    Underground Bunker
    This may be unpopular but i see the highest court as a body of cowards and no difference then our mainstream government , never wanting to get real work and solutions done . It is make easier not to ruffle too many feathers and do what is expected .
    That is why T-45 is unpopular because he is moving things getting things down and disrupting the flow of stealing and the norms. of Wash. DC .

    I hope i have to eat my words but the same will apply to the FISA . Just a hunch
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    Roberts shut Sotomayor down at the end of the hearing during Clement's closing.

    Clement's closing was good because it demonstrated that the City's regulations about reasonable delays or diversions are in conflict with testimony from it's attorney.

    Gorsuch and Alito spoke to a Delta of relief that's missing. I think the Delta is ambiguity in what's reasonable in terms of direct travel.

    I also think Alito got the City to concede that they think the second amendment does not apply outside the home. The City's attorney concocted what I think is a new torturing of the second amendment, namely "home means." Weak gruel. I think Thomas is going to pop then for this.

    Sotomayor is frightening. She is no advocate for civil rights, make no mistake about that.

    I personally believe that the case will not be determined moot and that an injunction of some kind will be issued.
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    Also, I believe Breyer is mistaken about the storage of firearms in colonial Massachusetts. He said he thought all weapons and ammunition were stored in one location. I believe it might be only the ammunition that was centrally stored and only because of fire hazards. However, I think that changed during and after the revolution. I believe during and after the war that militia eligible persons were required to keep weapons and sufficient ammunition on hand for practice and use if called upon. And under all of this, cartridges reduced or eliminated the risk of fires, too. History, and tradition.
     

    Fox123

    Ultimate Member
    May 21, 2012
    3,929
    Rosedale, MD
    Roberts shut Sotomayor down at the end of the hearing during Clement's closing.

    Clement's closing was good because it demonstrated that the City's regulations about reasonable delays or diversions are in conflict with testimony from it's attorney.

    Gorsuch and Alito spoke to a Delta of relief that's missing. I think the Delta is ambiguity in what's reasonable in terms of direct travel.

    I also think Alito got the City to concede that they think the second amendment does not apply outside the home. The City's attorney concocted what I think is a new torturing of the second amendment, namely "home means." Weak gruel. I think Thomas is going to pop then for this.

    Sotomayor is frightening. She is no advocate for civil rights, make no mistake about that.

    I personally believe that the case will not be determined moot and that an injunction of some kind will be issued.

    That probably will be so narrowly tailored to the specific argument of transporting unloaded and locked firearms and will have no broader implications what so ever
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,391
    Montgomery County
    That probably will be so narrowly tailored to the specific argument of transporting unloaded and locked firearms and will have no broader implications what so ever

    If so, and the outcome doesn't in any way impact all the other cases they've held pending this one (ask yourself why they've held them if their instinct is to laser-focus, in this case, on the picky details of driving around NY City), then we can reasonably expect them to allow another of those held cases to go forward. Something that might address the circuit court splits, for example. But if they held all of those other cases because the expectation is that NYSRP will impact them, then ... that won't be so narrow.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,533
    SoMD / West PA
    That probably will be so narrowly tailored to the specific argument of transporting unloaded and locked firearms and will have no broader implications what so ever

    Which is a big deal, having the courts recognize 2A rights outside of the home!
     

    Some Guy

    Ultimate Member
    MDS Supporter
    Oct 26, 2017
    1,019
    Sotomayor also said that the history, text and tradition stuff was a "made up" standard. I wonder if this opens the door for clarification on this standard. I think she purposefully says this to communicate to the lower circuits that there is ambiguity in this, when there is none. I think she's trying to relitigate Heller.
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    If so, and the outcome doesn't in any way impact all the other cases they've held pending this one (ask yourself why they've held them if their instinct is to laser-focus, in this case, on the picky details of driving around NY City), then we can reasonably expect them to allow another of those held cases to go forward. Something that might address the circuit court splits, for example. But if they held all of those other cases because the expectation is that NYSRP will impact them, then ... that won't be so narrow.

    100% Agreed!

    If they expected Mootness, Commerce Clause or and narrow ruling, why hold up the other cases. Clearly they see the cases as related to this one.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    After reading the transcript I am inclined to think that the case is not moot. Clements rebuttal essentially summarized it well: Plaintiffs are entitled to negotiation of the scope any injunction, plus damages. Roberts was concerned that mootness would "prejudice further options available to the Petitioners, for example, seeking damages. " NYC's response was not "no" rather "I dont think so." There is also a somewhat unsettled question about past violations of the law.

    Roberts will be concerned mostly about incentivizing this kind of game playing in the future.
     

    Fedora

    Active Member
    Dec 16, 2018
    125

    ngman

    Active Member
    MDS Supporter
    Apr 19, 2013
    603
    Western Howard County
    I haven’t had a chance to read the transcripts yet. However, after listening to many orals in the past I look forward to the audio so I can get a better feel for the tone.

    One interesting thing I learned regarding questioning from the justices is, when they ask questions at the same time the Chief goes first and then it goes by seniority. Sometimes they interrupt each other and/or the attorney who’s trying to reply.

    Roberts scares me.
     

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