Supreme Court Takes Major NRA Second Amendment Case from New York

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Absence of evidence is not evidence of absence. The modern court takes great pains to avoid speculating on things not in the record.

    The court talked about the absence of evidence and did not speculate as to what that evidence may say. They remanded to determine if such evidence existed.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,319
    Either way, the question is whether or not SCOTUS will take the bait and allow the case to be dismissed for mootness, or hear it. And, of course, both the ruling and the narrowness of it.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Pena and Rogers are still in hold mode, not scheduled for conference.
    I would guess the conference will be to fish or cut bait.....
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    They're scared about Rogers. Pena and Mance rate an "They'll just buy a different gun at their local dealer" response from most people, when carry gets everyone riled up.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.

    New York eased gun law hopeful Supreme Court would drop Second Amendment case — but that hasn’t happened yet


    https://www.washingtonpost.com/poli...31682e-bab6-11e9-a091-6a96e67d9cce_story.html

    “They’re human beings and this can’t help but color a little bit how they see this case,” said Adam Winkler, a UCLA law professor who has written extensively about Second Amendment litigation.

    On how to decide when a case is moot, he said, “I think the Supreme Court has enough wiggle room to go in either direction.”
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    Maybe they’ll address the point about how could every “check/balance” to this point failed the public.

    Had Scotus not take the case, every court level below them would have assumed their logic was correct.

    If it made it this far, the lower courts still need to corrected for their errors. That needs doing.
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    This is a reprint of an article in Sunday's WaPo. I can't see the original because of the paywall -

    https://www.thedickinsonpress.com/n...nd-Amendment-case-but-that-hasnt-happened-yet

    If the court proceeds with the New York case, it could decide it very narrowly, or it could resolve long-standing questions about the right to a gun outside the home.

    The New York gun association, represented by Paul D. Clement, who was solicitor general during the George W. Bush administration, said the city's "undisguised effort to avoid a precedent-setting loss and to frustrate this court's discretionary review falls short by every measure."

    The city battled for years and relented only when the Supreme Court took the case, the association argues.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Who the *** is Neal Goldfarb and why is he requesting oral argument??

    What the *** is this gobbledygook Corpus Linguistics?


    I see:


    Motion of United States for leave to participate in oral argument and for divided argument submitted.

    ... for 10 minutes of oral argument. This will be good!
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Oh, jebus the National Education Association has filed an amicus brief. Dont they have an education system in Baltimore to destroy? Oh wait... that's done. Now they are on to the constitution.
     

    ed bernay

    Active Member
    Feb 18, 2011
    184
    Who the *** is Neal Goldfarb and why is he requesting oral argument??

    What the *** is this gobbledygook Corpus Linguistics?


    I see:




    ... for 10 minutes of oral argument. This will be good!

    I think he wants to argue that "bear" means only in relation to the organized militia.
     

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