Is it Monday morning yet? I want to wake up to seeing a 2A case granted.
It depends on where you live. It is Monday afternoon in New Zealand as I write this.
Is it Monday morning yet? I want to wake up to seeing a 2A case granted.
Nice avatarCome ON 9:30!!!!!!
It's the 21st now. Let's see what gets relisted and what doesn't.
Probably won't know until next Tuesday, when the order list comes out at 9:30
SCOTUS actually re-listed all cases for the May 28th conference : https://www.scotusblog.com/case-files/petitions-were-watching/
Guess they didn't want to wait until Tuesday to announce
Seems very unusual.
I seem to recall that not too long ago they relisted cases the Fri before a holiday, which is exactly what they did here.
Esqappellte wrote:
“ The Court would then GVR all the pending 2A cases that used tiers of scrutiny (all of them) and tell the lower courts to reconsider the decision below using the right legal standard established by the decision in Pena.” (post #107 page 11 of the SCOTUS 5/1, thread)
Hoping that Roberts (on board for Heller) has not jumped ship.
If the S.C. takes a 2A case and Roberts has wimped out the court may officially abandon the Heller text, history, tradition (i.e., original public meaning) test . . . then formally embrace the Breyer balancing (safety v. the right) test rejected by the Heller majority. Whereupon, those many lower courts now obviously using (but not citing) Breyer’s approach while evading Heller can then openly continue to do so.*
In the alternative, could it be that Roberts & the four liberals might sidestep Heller completely by construing the “tiers of scrutiny” to be something other than simply methods of interest – balancing? **
Regards
Jack
* “[T]he lower court decisions and the analytical approach that has begun to crystallize in them reflect Justice Breyer’s sentiments about Second Amendment claims far more than those of Justice Scalia or the other members of the Court who formed the majorities in Heller and McDonald.”13
https://harvardlawreview.org/2014/04/the-second-amendment-as-a-normal-right/ at para. 5.
** ”In my view, Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.” Judge (now Justice) Kavanagh dissenting in Heller 11. 670 F 3d 1211 at 1271, or see: https://reason.com/2018/07/09/judge-kavanaugh-and-the-second-amendment/