Delaware legislatures stupid? Or what?

[Texasgrillchef]

Today the Delaware Senate passed SB 6 which now goes back to the house for concurrence.

Are they so stupid not to know or realize that there isn’t just one case on hold with SCOTUS pending NYSPRA but TWO cases regarding Magazine Capacity Bans.

That because both of these cases are on hold and pending, and that we have a Super Majority at the Supreme court, that the odds of these Cases wining and finding that Magazine Capacity Bans will be found Unconstitutional.

In fact it’s very possible that we will get a NYSPRA opinion and the 4 other cases get their PC rulings even before the Delaware Gov has a chance to sign the bills into law.

Even New York just passed 10 new bills, including a Stricter AWB and a magazine capacity ban. Both of which will shortly be found unconstitutional with The 4 cases on hold at SCOTUS.

Its crazy the stupidity of some state legislatures.

 

[Melnic]

What happens when the SCOTUS declares a law unconstitutional, then another body creates the very same law? Won't it go into effect anyway until someone fights it and wins a case against the new law? Thus it can still go into affect for a year or two?

 

[Mark75H]

Democrats in DE also proposing MD's banned rifle law, almost verbatum with typos, errors and flaws

 

[Texasgrillchef]

What happens when the SCOTUS declares a law unconstitutional, then another body creates the very same law? Won't it go into effect anyway until someone fights it and wins a case against the new law? Thus it can still go into affect for a year or two?

All depends on timing, and the courts and what state is trying to do what they are doing.

In worst case scenario, yes it could take a year or two.

however, what will probably happen, is someone will file Emergency suit, for an emergency stay. Because the ruling from SCOTUS will be clear on issues such as a magazine capacity ban, and will be recent, a judge will have no recourse but issue a stay and for a temporary enjoinment and schedule a hearing. The hearing will enjoin the law permanently.

However, in the mean time, even without a court enjoining the law, it will become UNENFORCEABLE, as anyone arrested or charged with the crime of possessing one, will have their lawyer file for dismissAl of their case due to the fact that the law is unconstitutional.

The local District attorneys will know this, and actually won’t pursue the charges and will drop them.

Why? Because if they do, then the DA along with the state could easily be sued for monetary damages federally for malice among other things.

However for all practical reasons, legislators know that the law will become unenforceable.

The only reason they are pursuing this is to make themselves look good as if they at least tried, and to try and make republicans look bad.

Its a political stunt, nothing more.

 

[Allen65]

Its a political stunt, nothing more.

For somr, yes, but others have a strategy. I think that the probable overturning of Roe v Wade has givem Antis the hope that a future SCOTUS could just as readily override NYSRPA. Then all these laws instantly become enforcable.

Whether it's by packing or normal attrition, the Court's makeup will change over the years.

 

[Texasgrillchef]

For somr, yes, but others have a strategy. I think that the probable overturning of Roe v Wade has givem Antis the hope that a future SCOTUS could just as eadily override NSYRPA. Then all these laws instantly become enforcable.

Whether it's by packing or normal attrition, the Court's makeup will change over the years.

Yes, but barring something unexpected like more then one or two deaths, and democrats winning the next 2 or 3 elections. Experts as well as the dems have realized that their will be a conservative majority for at least the next 10 years if not even longer. Looking at the current age of the justices. If the republicans win the next election. It will seal the fate of a conservative court for at least the next 25 years or longer.

Again assuming no major catastrophe.