5/11 scotus briefs

[jcutonilli]

I’m really wondering what these procedural issues could be. After all Gorsuch joined in the Peruta dissent but is nowhere to be found for Rogers.

If these procedural issues were that big of an issue, you’d think maybe a concurrence pointing out the issues might be helpful for future cases?

It is not really a procedural issue, it is an argument problem. They don't really explain why the lower courts got the issue wrong. I think the NYSRPA case demonstrates that they will take the right case. It is not really for the court to figure it out, it is for the parties to make an appropriate argument. They get so many cases they can wait for the right one.

 

[krucam]

So now we wait for the CA9 en banc to reverse Young...

 

[danb]

I’m really wondering what these procedural issues could be. After all Gorsuch joined in the Peruta dissent but is nowhere to be found for Rogers.

If these procedural issues were that big of an issue, you’d think maybe a concurrence pointing out the issues might be helpful for future cases?

Its hard to make sense of a dissent from denial only in one of these cases, which Gorsuch did not join (or write).

 

[jcutonilli]

Its hard to make sense of a dissent from denial only in one of these cases, which Gorsuch did not join (or write).

There has not been one dissent. There have been numerous dissents over the past 12 years.

 

[Steel Hunter]

I wonder how much of this has to do with legal reasoning and how much has to do with current events. Maybe I am just a skeptic, but I can't believe all ten cases had issues that prevented hearing them and setting solid precedent. At the very least, California's microstamping case should be open and shut of it's absurd, clearly infringing, and obvious denies access to handguns that are recognized as protected in at least 42 other states.

 

[Some Guy]

We are not a free people.

 

[Maestro Pistolero]

This.

“At the very least, California's microstamping case should be open and shut of it's absurd, clearly infringing, and obvious denies access to handguns that are recognized as protected in at least 42 other states.”

It makes a mockery of the entire process to my mind. That low hanging fruit fell right right off the tree and into their pockets and they pulled it out to throw on the ground.

 

[ericahls]

This of course is VERY disappointing. On an ironic side note, I am one of the lucky few in Maryland that has a carry permit, and since the elimination of our restrictions, Maryland permit holders now operate in one of the least restrictive states for permit holders but one of the MOST restrictive states for the average citizen to actually get a permit.

 

[danb]

Of course, another possibility is that Roberts is "wobbly" and had some kind of a change of heart.

The only reason I case see for the Court’s reluctance to take another Second Amendment case is that they now fear – or know – that Chief Justice Roberts has gone wobbly.

https://www.thetruthaboutguns.com/b...s-cert-in-all-pending-second-amendment-cases/

 

[Steel Hunter]

This of course is VERY disappointing. On an ironic side note, I am one of the lucky few in Maryland that has a carry permit, and since the elimination of our restrictions, Maryland permit holders now operate in one of the least restrictive states for permit holders.

What? Can you explain a little because I have no idea what you mean by MD is one of the least restrictive states for permit holders.

 

[ericahls]

So, the Supreme Court denies all of the current 2nd Amendment cases that were on the docket but makes sure that the rule on the gay rights case. https://www.foxnews.com/politics/su...job-discrimination-in-big-win-for-lgbt-rights

 

[Occam]

What? Can you explain a little because I have no idea what you mean by MD is one of the least restrictive states for permit holders.

I suppose he means that of the sub-set of states that require permits based on some exceptional perceived risk (the Good And Substantial nonsense), that at least those who own businesses are now granted a license that doesn't have any "while doing business as" type restrictions. Yes, that's nice. But that's like noting how pretty and sparkly the flames are when you burn a copy of the constitution.

 

[CrueChief]

What? Can you explain a little because I have no idea what you mean by MD is one of the least restrictive states for permit holders.

In MD since they issue so few carry permits and the vast majority of the ones they have issued have been for Leo's. Therefore there are really very few rules for permitees. Such as "no guns" signs don't mean anything, but there are the usual ones schools, gov't buildings but if you have a carry permit you can basically carry where ever your life take you.

Where are Firearms Prohibited?

Restriction on the wear, carry and transport of handguns and firearms in certain places appear throughout Maryland law and regulations. Below are statutes and regulations detailing the handgun and firearm restrictions. This list should not be considered all-inclusive.
1. On school property (CR 4-102)

2. Within 1,000 feet of a demonstration in a public place (CR 4-208)

3. In legislative buildings (SG 2-1702)

4. Aboard aircraft (TR 5-1008)

5. In lodging establishments where the innkeeper reasonably believes individuals possess property that may be dangerous to other individuals, such as firearms or explosives (BR 15-203)

6. On dredge boats, other than two 10 gauge shotguns (NR 4-1013)

7. In or around State-owned public buildings and grounds (COMAR 04.05.01.03)

8. On Chesapeake Forest Lands (COMAR 08.01.07.14)

9. In State Forests (COMAR 08.07.01.04)

10. In State Parks (COMAR 08.07.06.04)

11. In State Highway Rest Areas, unless properly secured within vehicle (COMAR 11.04.07.12)

12. In community adult rehabilitation centers (COMAR 12.02.03.10)

13. In child care centers, except for small centers located in residences (COMAR 13A.16.10.04)​

 

[HoCoShooter]

This.

“At the very least, California's microstamping case should be open and shut of it's absurd, clearly infringing, and obvious denies access to handguns that are recognized as protected in at least 42 other states.”

It makes a mockery of the entire process to my mind. That low hanging fruit fell right right off the tree and into their pockets and they pulled it out to throw on the ground.

Exactly, and it further emboldens the morons who write this kind of legislation.

 

[ericahls]

What? Can you explain a little because I have no idea what you mean by MD is one of the least restrictive states for permit holders.

As a permit holder without restrictions on our permit, we can carry in more places throughout the state than most other states permit holders. If you look at the other states they are prohibited from many places, like bars and movie theaters etcetera. Lot's of states also recognize 'no gun signs' with the force of law, Maryland does not. If you listen to Brian Frosh, we can also have up to (10) drinks and still carry. https://www.youtube.com/watch?v=9jZc_GJv9Is

 

[CrueChief]

So, the Supreme Court denies all of the current 2nd Amendment cases that were on the docket but makes sure that the rule on the gay rights case. https://www.foxnews.com/politics/su...job-discrimination-in-big-win-for-lgbt-rights

Of course they need to make sure to rule on something that effects about 9% of the population but the one in the COTUS is well......

 

[press1280]

So now we wait for the CA9 en banc to reverse Young...

A glimmer of hope there is that CA9 isn’t so lopsided as it once was.

 

[Boxcab]

We need to replace a couple more SC Justices. If this Presidential election does nothing else...





.

 

[swamplynx]

Of course, another possibility is that Roberts is "wobbly" and had some kind of a change of heart.


https://www.thetruthaboutguns.com/b...s-cert-in-all-pending-second-amendment-cases/

Yep. That is what I think. Kav, Gor, Thom and Alito suspect enough that Roberts would throw the whole of the 2A under the bus and don't want to risk a bad precedent.

 

[jcutonilli]

I wonder how much of this has to do with legal reasoning and how much has to do with current events. Maybe I am just a skeptic, but I can't believe all ten cases had issues that prevented hearing them and setting solid precedent. At the very least, California's microstamping case should be open and shut of it's absurd, clearly infringing, and obvious denies access to handguns that are recognized as protected in at least 42 other states.

What precedent are they going to set? I think many agree that the outcome is wrong, but what do you want SCOTUS to change? While I agree that conceptually the CA microstamping case should have been open and shut, the reasoning in the petition dances around the issue. They never really explained WHY the lower court got it wrong and what needs to be done instead.