NY ordered to answer to SCOTUS

[Billyb]

Justice Sotomayor Orders New York to Answer Emergency Request to Block Gun-Carry Law

New York will have to tell the Supreme Court why it should be able to keep enforcing its latest gun-carry law after the Court struck down the previous one.

thereload.com

Sotomayor could either decide on the motions herself or refer them to the full Court. The outcome will immediately determine whether New York’s latest restrictions will remain enforced. More significantly, if the full Court makes the decision, it will provide the first insight into how it will handle gun cases after Bruen. Whether the Court gets involved in the case at this point and what they decide could signal how aggressive it plans to be when confronted by lawmakers who hope to defy or circumvent Bruen. It could also help further flush out Second Amendment protections, which have received relatively little Supreme Court attention compared to several other amendments.

 

[Allen65]

Justice Sotomayor Orders New York to Answer Emergency Request to Block Gun-Carry Law

New York will have to tell the Supreme Court why it should be able to keep enforcing its latest gun-carry law after the Court struck down the previous one.

thereload.com

Sotomayor could either decide on the motions herself or refer them to the full Court. The outcome will immediately determine whether New York’s latest restrictions will remain enforced. More significantly, if the full Court makes the decision, it will provide the first insight into how it will handle gun cases after Bruen. Whether the Court gets involved in the case at this point and what they decide could signal how aggressive it plans to be when confronted by lawmakers who hope to defy or circumvent Bruen. It could also help further flush out Second Amendment protections, which have received relatively little Supreme Court attention compared to several other amendments.

Keep in mind the only question in front of Sotomayor and the Court right now is whether to lift, in whole or in part, 2CA's stay on the district court's PI. It's not even on a final decision on Antonyuk, let alone a general finding on the scope of 2A. That will eventually happen, just not right now.

 

[Muleskinner]

Was Sotomayor for or against bruen? If she was against what would keep her from ruling herself and allowing New York to go forward with their restrictions?

 

[Uncle Duke]

Was Sotomayor for or against bruen? If she was against what would keep her from ruling herself and allowing New York to go forward with their restrictions?

Against

 

[cyberalex]

Was Sotomayor for or against bruen? If she was against what would keep her from ruling herself and allowing New York to go forward with their restrictions?

She was against Bruen. It was her, Kagan, and Breyer who dissented in Bruen because they were not convinced that historical analysis should be the only test. They still wanted it so that public safety interests can override our right to keep and bear arms.

 

[Muleskinner]

Against

Yeah that's what I thought. I wonder if she's running interference for them New York liberals

 

[Uncle Duke]

Yeah that's what I thought. I wonder if she's running interference for them New York liberals

Certainly seems a reasonable question.

 

[cyberalex]

I won't be surprised if she doesn't lift the 2CA's stay on the district court's ruling.

 

[motorcoachdoug]

I also think that Sotomayor knows that Thomas will be chomping at the bit,while looking over her shoulder and "encourage" her to bring the matter before the full court or to put Thor's Hammer down on the 2CA's injunction.

 

[ironpony]

50/50

 

[normbal]

She was against Bruen. It was her, Kagan, and Breyer who dissented in Bruen because they were not convinced that historical analysis should be the only test. They still wanted it so that public safety interests can override our right to keep and bear arms.

“Alleged“ so-called “public safety interests” Are exactly like one SCOTUS judge circa 1970 defining pornography as “he knows it when he sees it.”

objectivists know what a woman is, too.

Wise ass latina is a relativist.

 

[JPG]

So if she sides with the state GOA can appeal to any other justice they want?

 

[cyberalex]

So if she sides with the state GOA can appeal to any other justice they want?

No, because to my knowledge, Sotomayor is in charge of emergency appeals for the Second Circuit, and if she sides with New York, SCOTUS does not have a say in anything until the litigations go through the 2CA and then are appealed to SCOTUS through appellate jurisdiction. What I learned was that because this is an "interlocutory appeal", meaning that the 2CA has not yet ruled on the CCIA, then SCOTUS is not likely to step in. That's just everything that I gathered when looking into this matter.

 

[CurlyDave]

Sotomayor is in charge of emergency appeals for the Second Circuit, and if she sides with New York, SCOTUS does not have a say in anything until the litigations go through the 2CA and then are appealed to SCOTUS through appellate jurisdiction.

I don't think this is exactly the way it works. If Sotomayor does not act, it can be brought to any other Justice.

SCOTUS is not likely to step in.

All original bets are off. SCOTUS has stepped in with Sotomayor's order. Whether Sotomayor can keep it exclusively in her control or whether the entire court will have something to say is up in the air right now.

Oh to be a fly on the wall and hear those conversations!

 

[jcutonilli]

So if she sides with the state GOA can appeal to any other justice they want?

Sotomayor is not going to make the decision on this application, SCOTUS is going to make the decision. While the application is directed towards a particular Justice, they typically refer more substantial applications like this to the entire court. This is all done behind the scenes, which is why it is colloquially known as the shadow docket.

https://en.wikipedia.org/wiki/Shadow_docket

 

[cyberalex]

Sotomayor is in charge of emergency appeals for the Second Circuit, and if she sides with New York, SCOTUS does not have a say in anything until the litigations go through the 2CA and then are appealed to SCOTUS through appellate jurisdiction.

I don't think this is exactly the way it works. If Sotomayor does not act, it can be brought to any other Justice.

SCOTUS is not likely to step in.

All original bets are off. SCOTUS has stepped in with Sotomayor's order. Whether Sotomayor can keep it exclusively in her control or whether the entire court will have something to say is up in the air right now.

Oh to be a fly on the wall and hear those conversations!

Like I said, since she's in charge of the 2CA, I don't know how any other justice acts on the appeal.

 

[Inigoes]

Like I said, since she's in charge of the 2CA, I don't know how any other justice acts on the appeal.

Sotomayor just killed a 2CA stay on 12/29 on an unrelated case. There may be hope she will follow precident.

 

[lazarus]

Sotomayor is in charge of emergency appeals for the Second Circuit, and if she sides with New York, SCOTUS does not have a say in anything until the litigations go through the 2CA and then are appealed to SCOTUS through appellate jurisdiction.

I don't think this is exactly the way it works. If Sotomayor does not act, it can be brought to any other Justice.

SCOTUS is not likely to step in.

All original bets are off. SCOTUS has stepped in with Sotomayor's order. Whether Sotomayor can keep it exclusively in her control or whether the entire court will have something to say is up in the air right now.

Oh to be a fly on the wall and hear those conversations!

I posted it on a different thread here, but most justices usually decide how they think the greater court would. Or if they are unsure, they typically refer it to the larger court. On the court, there is still politics with a small p. Justices don't want to straight up piss off other justices by keeping matters from them if they think all the justices need to weigh in. They want to be able to call in favors to write opinions, sway another justice on a case, etc. Or decide in a manner they think would be counter the greater court on matters that are within their jurisdiction. Of course, that isn't always the case, but you find a lot more decisions from individual justices when it is in their hands that run counter to how they eventually vote or decide. For example, prior to Dobbs, there are many conservative justices who upheld PIs and TROs, but then turned around and voted against the plaintiffs and sided with the state on the abortion restrictions.

You also have instances where the chief justice will tell a junior justice to refer it to the larger court. As Jcutonilli mentioned, the shadow docket. It isn't always just in the hands of one justice, even if on the surface it looks like it is.

That doesn't mean Sotomayor WILL nullify the Appeals court decision, but I think it is far from a foregone conclusion.

 

[ddestruel]

http://www.supremecourt.gov/DocketPDF/22/22A557/251278/20230103154502214_22A557%20Br%20in%20Opposition.pdf

respondents opposition has been posted

 

[Boxcab]

[Eagerly awaiting an analysis of the pdf]











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