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Old Today, 10:29 AM #1161
GlocksAndPatriots GlocksAndPatriots is offline
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Originally Posted by AliasNeo07 View Post
I still don't understand how they did not get 4 votes for cert. Obviously Thomas and Gorsuch voted for it. Where were Roberts and Alito? Where were the liberal justices? I would assume they would vote for cert so they could uphold the 9ths ruling. And if, as some suggest, there is some magical agreement to reject cert until conservatives are certain they can win the case (which I think is wishful thinking) then why did Thomas and Gorsuch dissent?
My guess is because Thomas and Gorsuch are more principled. They don't want the court playing games. If granting cert means that bad laws are upheld, that's better than leaving it in limbo. I'm a bit surprised about Alito though. Roberts is a POS, and we all know that. But Alito generally is principled and doesn't care what the left thinks of him.
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Old Today, 12:22 PM #1162
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Originally Posted by AliasNeo07 View Post
I still don't understand how they did not get 4 votes for cert. Obviously Thomas and Gorsuch voted for it. Where were Roberts and Alito? Where were the liberal justices? I would assume they would vote for cert so they could uphold the 9ths ruling. And if, as some suggest, there is some magical agreement to reject cert until conservatives are certain they can win the case (which I think is wishful thinking) then why did Thomas and Gorsuch dissent?
I'm a little surprised Alito didn't join in the dissent. I think everyone on the court is unsure how a new gun case would go. From the Libs perspective, Roberts & Kennedy have twice supported gun rights, so I doubt the Libs want to give them a chance to make it 3. From the pro-2A side, Roberts & Kennedy have been wishy-washy and sided with the Libs on non-2A cases that should have been conservative wins. For right now, it seems like neither side wants to take another gun case unless they can be certain they have 5 votes for a win. At this level, a loss is worse than not taking a case.
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Old Today, 12:27 PM #1163
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Originally Posted by Elliotte View Post
I'm a little surprised Alito didn't join in the dissent. I think everyone on the court is unsure how a new gun case would go. From the Libs perspective, Roberts & Kennedy have twice supported gun rights, so I doubt the Libs want to give them a chance to make it 3. From the pro-2A side, Roberts & Kennedy have been wishy-washy and sided with the Libs on non-2A cases that should have been conservative wins. For right now, it seems like neither side wants to take another gun case unless they can be certain they have 5 votes for a win. At this level, a loss is worse than not taking a case.
I agree, neither side wants to take a new 2A case. For example, they denied cert on the SG's petition in Binderup where the government was pushing an argument that the liberals would love.
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Old Today, 02:24 PM #1164
GlocksAndPatriots GlocksAndPatriots is offline
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Originally Posted by esqappellate View Post
I agree, neither side wants to take a new 2A case. For example, they denied cert on the SG's petition in Binderup where the government was pushing an argument that the liberals would love.
That must mean, however, that the conservatives know that one of the Heller 5 is either no longer on their side or never really was to begin with. All I know is that it's time for Kennedy to retire. He's an egomaniacal piece of garbage on virtually every important issue imaginable.
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Old Today, 02:39 PM #1165
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Originally Posted by esqappellate View Post
I agree, neither side wants to take a new 2A case. For example, they denied cert on the SG's petition in Binderup where the government was pushing an argument that the liberals would love.
Which makes sense that Ginsburg and Sotomayor voted to hear the case.
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Old Today, 02:50 PM #1166
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Originally Posted by GlocksAndPatriots View Post
My guess is because Thomas and Gorsuch are more principled. They don't want the court playing games. If granting cert means that bad laws are upheld, that's better than leaving it in limbo. I'm a bit surprised about Alito though. Roberts is a POS, and we all know that. But Alito generally is principled and doesn't care what the left thinks of him.
SCOTUS is a lot less political than you make them out to be. They are unanimous is 40-50% of the cases to some extent. http://www.scotusblog.com/wp-content...y_20170621.pdf This term they were 70% unanimous.

The 5-4 decisions average about 20% of the cases (5-7% the last two terms) http://www.scotusblog.com/wp-content...s_20170621.pdf While about 70% of these cases have an ideological split, with Kennedy the deciding factor, 30% of these cases are not decided that way. These 30% have a variety of alignments.

The problem with deciding cases is that they tend to stay around a long time. https://en.wikipedia.org/wiki/List_o...ourt_decisions I have not calculated a specific average, but most are in the decades or longer. It is extremely rare for a time period shorter than a decade.

One issue with waiting are the small number of states (less than 10) that impose severe restrictions. These other states are unlikely to create laws that impinge on the 2A. Most other issues have conflicts on both sides of the issue. When you get in the habit of waiting it becomes difficult to get out of that habit.

I think the reason SCOTUS has not taken another case has to do with the similarity of the arguments to date and the lack of any challenge to the historical precedents with respect to CCW.
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Old Today, 02:55 PM #1167
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Originally Posted by press1280 View Post
Which makes sense that Ginsburg and Sotomayor voted to hear the case.
So basically, no side wants to take a case because they don't know what Kennedy or Roberts will do.
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Old Today, 05:48 PM #1168
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Originally Posted by GlocksAndPatriots View Post
So basically, no side wants to take a case because they don't know what Kennedy or Roberts will do.
As good a guess as any. I'm not even convinced that one or more of the liberals may not have voted to hear Heller, thinking they had it in the bag.

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