NYC CCW case is at SCOTUS!

[Texasgrillchef]

Like I have been saying, I don’t expect this case to be released until a few days before June 23rd. The last conference day of the term.

Reason being is the 4 cases on hold pending on this case.

They will release this opinion first. Then issue those four cases as PC. (Grant, reverse, remand) with opinions and dissents at the same time. Those Cases will be released with the orders. Thus they will have to come after this case is released. This also pushes this case to be released earlier then on the last day.

Although all 5 cases could still be released the same day.

We will probably get another opinion day this week, and two a week the rest of the term. However I highly doubt we will get this case released this week.

 

[motorcoachdoug]

Looks like we have to wait until Friday and or Monday to see what they do.

 

[Texasgrillchef]

One other thing to note. Is that the Majority opinion for this case has already been written. We are waiting on the dissents to be finished writing. Also sometimes a majority Justice will write a rebuttal opinion to a dissent. That could also be in process as we speak.

I would not be surprised if Thomas was writing a rebuttal opinion to a dissent written by Sotomayor, Breyer Or Kagan.

Kagan is Proffessed Textualist. However I doubt she will be part of the majority. She will come up with her own Textualist ideas that follow her way of thinking.

 

[Texasgrillchef]

Amy Howe from SCTOTUSBlog pulled release dates from last year, expect many more this month even if not yet on the calendar.

In response to an email inquiry last week, I looked back at opinion days in June (and early July) last year. Here's what I found, although I did not go back to see when they announced these opinion days:

June 1, 2021 -- the Tuesday after Memorial Day
June 3, 2021 -- Thursday
June 7, 2021 -- Monday
June 10, 2021 -- Thursday
June 14, 2021 -- Monday
June 17, 2021 -- Thursday
June 21, 2021 -- Monday
June 23, 2021 -- Wednesday
June 25, 2021 -- Friday
June 29, 2021 -- Tuesday
July 1, 2021 -- Thursday

I also have not looked back yet at how many opinions they released on these days, but it at least gives you a sense of what they did.

If we get as many opinion days this year, all we need are 3 opinion released per day and we will finish. on Schedule.

I highly doubt this case will be the last case released though. Due to the protesting of Dobbs, I am willing to bet that one is released the very last day.

 

[DC-W]

Dobbs was always gonna be last, leak or not. That's a haymaker.

 

[jcutonilli]

What are 'R' numbers? Seeing this on scotusblog also...

Opinions get published is a set of case books called United States Reports.

Publication of Supreme Court Opinions

www.supremecourt.gov

I believe the R number is the report number associated with the opinion

They are issued in order of seniority for a particular day. The opinions are announced in reverse order of seniority. They do not number the reports until all opinions have been issued so it is an indication that all opinions have been issued for the day.

I believe they get published in the order of the report number, although you never really see the report number. What you see is the volume of the report and a page number

Heller is referenced as 554 US 570 in reference to United States Reports Volume 554 Page 570.

 

[Inigoes]

Awaiting opinion count (If my math is right)
November - 1 (NY)
December - 5 (Dobbs v Jackson - Abortion), (Carson v Makin)
January - 3
February - 7 (WV v EPA - Chevron overreach - similar to bump stock)
March - 5
April - 9 (Kennedy v Bremerton), (Biden v Texas)
-----------------------
30

 

[DC-W]

Wednesday has been added as an opinion day.

 

[Decoy]

Wednesday has been added as an opinion day.

 

[Texasgrillchef]

Wednesday has been added as an opinion day.

Exactly like I said earlier, that there would be at least two opinion dates this week.

 

[Inigoes]

Exactly like I said earlier, that there would be at least two opinion dates this week.

Which is normal for this time of year.

 

[babalou]

One other thing to note. Is that the Majority opinion for this case has already been written. We are waiting on the dissents to be finished writing. Also sometimes a majority Justice will write a rebuttal opinion to a dissent. That could also be in process as we speak.

I would not be surprised if Thomas was writing a rebuttal opinion to a dissent written by Sotomayor, Breyer Or Kagan.

Kagan is Proffessed Textualist. However I doubt she will be part of the majority. She will come up with her own Textualist ideas that follow her way of thinking.

oh a cunning linguist? lolol

 

[chilipeppermaniac]

My opinion is all that matters.

PETITION FOR WRIT OF CERTIORARI
Perhaps the single most important unresolved
Second Amendment question after this Court’s
landmark decisions in District of Columbia v. Heller,
554 U.S. 570 (2008), and McDonald v. City of Chicago,
561 U.S. 742 (2010), is whether the Second
Amendment secures the individual right to bear arms
for self-defense where confrontations often occur:
outside the home. The text, history, and tradition of
the Second Amendment and this Court’s binding
precedents compel the conclusion that the Second
Amendment does indeed secure that right. As this
Court held in Heller, the “right of the people to keep
and bear Arms” protects at its core “the individual
right to possess and carry weapons in case of
confrontation.” 554 U.S. at 592. A law that flatly
prohibits ordinary law-abiding citizens from carrying
a handgun for self-defense outside the home cannot be
reconciled with the Court’s affirmation of the
individual right to possess and carry weapons in case
of confrontation. The Second Amendment does not
exist to protect only the rights of the happy few who
distinguish themselves from the body of “the people”
through some “proper cause.” To the contrary, the
Second Amendment exists to protect the rights of all
the people.
Despite the wealth of authority confirming that
the Second Amendment guarantees the people’s right
to keep and bear arms for self-defense outside the
home, several courts of appeals continue to resist that
conclusion, leaving the law in a state of chaos and the
fundamental right to carry a firearm dependent on
where one lives.

 

[Dave]

just wondering, what's to stop Roberts from voting with the majority, assigning the decision to himself, and then watering it down?

 

[lazarus]

just wondering, what's to stop Roberts from voting with the majority, assigning the decision to himself, and then watering it down?

Nothing. IIRC it was Earl Warren who did that. The Chief Justice votes last on a case. So he can always decide to side with the majority and write the decision himself.

Of course the other majority justices might decide “F that guy” and write their own concurring majority opinion that the other 4-8 of them sign on to.

 

[krucam]

just wondering, what's to stop Roberts from voting with the majority, assigning the decision to himself, and then watering it down?

They typically even out the Opinion writing duties by Month. NYSRPA was heard in Nov, just Thomas & Barrett have no Nov Opinions.

Statistics - SCOTUSblog

Statistics - SCOTUSblog

www.scotusblog.com

 

[eruby]

Exactly like I said earlier, that there would be at least two opinion dates this week.

Can you make me a patty-melt, well done onions please

Thank you for all your insight

 

[Texasgrillchef]

Can you make me a patty-melt, well done onions please

Thank you for all your insight

Single or double patty, with or without cheese?

 

[Dave]

So what happens if say Robert's writes intermediate scrutiny is ok, while others say it has to be strict? Or some other part of this case that can be vaguely interpreted like they try to argue against Heller?

Nothing. IIRC it was Earl Warren who did that. The Chief Justice votes last on a case. So he can always decide to side with the majority and write the decision himself.

Of course the other majority justices might decide “F that guy” and write their own concurring majority opinion that the other 4-8 of them sign on to.

 

[Inigoes]

So what happens if say Robert's writes intermediate scrutiny is ok, while others say it has to be strict? Or some other part of this case that can be vaguely interpreted like they try to argue against Heller?

If the majority says strict, and Roberts says intermediate.. Strict it is!