NYC CCW case is at SCOTUS!

[Mark75H]

True but it’s a totally different thing. With regard to the packing the SC if Dems take the senate, there are many Democrat Senators who want no part of that. Not sure they’d get all of them to fall in line for it, I certainly hope not.


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I agree. Its not a precident that want to start.

 

[wjackcooper]

Perhaps the Democrats once burned will be twice shy, or maybe not.

“We have seen such consequences as President Trump and Majority Leader Mitch McConnell have been able to use the absence of the filibuster (eviscerated by Democrats in 2013) on judicial nominations to largely ignore the minority and reshape the federal courts for years to come. The Senate has confirmed 202 Trump federal court nominations, 53 to the critical circuit courts.”*

Regards
Jack

*https://thehill.com/opinion/white-house/512512-unintended-consequences-of-killing-the-filibuster

 

[jcutonilli]

When would ruling be?
2 weeks?

Nobody

Good question. It’s borderline as far as making it to be heard this term. I don’t know how full the SCOTUS docket is right now.
I suspect NYC will try to drag this out as far as possible.

There is no way that this case would be heard this term. The cutoff for cases heard this term is a cert grant around the middle of January. They just filed the petition so the opposition brief would not be filed until the middle of January. It would not be scheduled for conference for about month after that. The opposition would also likely ask for a two month extension.

Having read the petition, I do not see anything different between this case and the other cert denied 2A petitions. This case is trying to get them to accept text history and tradition without explaining why the lower courts got it wrong. I don't see them accepting this case either.

 

[rbird7282]

And the same answer posted for the 1,000th time


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[jcutonilli]

After 1000 times trying and the lawyers still bring the same answers. What do they say about people trying the same thing over and over and expecting different results?

 

[rbird7282]

After 1000 times trying and the lawyers still bring the same answers. What do they say about people trying the same thing over and over and expecting different results?

You must just be smarter than all the rest


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[jcutonilli]

I don't claim to be smarter. I know enough to understand that doing the same thing over and over, and expecting different results is not a smart thing to do.

 

[HokieKev]

Isn't one thing different the composition of judges at the Supreme Court? Don't we need to test this group of judges to see if the same answer results. A 5-4 loss could turn into a 5-4 win, right?

 

[ed bernay]

True but it’s a totally different thing. With regard to the packing the SC if Dems take the senate, there are many Democrat Senators who want no part of that. Not sure they’d get all of them to fall in line for it, I certainly hope not.


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In my opinion, if Biden gets away with cheating this election and they take the Senate, everything is on the table. The Democrats and RINOS are going to feel empowered. Who cares what the unwashed masses think if they can use technology to cheat in elections. The ruling class will help those win that vote the way the Dem ruling class want. The mainstream media generates their propaganda. SCOTUS taking this case with strong language protecting gun rights will be the only thing to delay a quick gun grab. Trump's picks in the lower courts will slow anti 2nd amendment cases getting to SCOTUS until the Democrats use the surveillance state to find enough dirt on lower court judges to blackmail.

 

[jcutonilli]

Isn't one thing different the composition of judges at the Supreme Court? Don't we need to test this group of judges to see if the same answer results. A 5-4 loss could turn into a 5-4 win, right?

The composition of justices are different, but Roberts and Kennedy both voted for Heller/McDonald. Why were they rejecting all the other 2A cases. Why did they accept NYSRPA but none of the others? It seems like there is more than just the makeup of the justices problem.

 

[rambling_one]

And, here we go again!

 

[BeoBill]

You're right, everything's impossible now that there's a conservative majority on the court. We should just stop trying. And for good measure, we should go back and kill the Heller case, since that was impossible, too.

From what I've seen so far the Conservatism of the Court is debatable. It's still a tossup. But there's a 3% chance we'll know more in two more weeks.

 

[swamplynx]

The composition of justices are different, but Roberts and Kennedy both voted for Heller/McDonald. Why were they rejecting all the other 2A cases. Why did they accept NYSRPA but none of the others? It seems like there is more than just the makeup of the justices problem.

They have a perverted notion of not wanting to inflict societal change through what they perceive as judicial fiat. Heller = handguns guns in homes in DC and for the few people that can afford or care to have a gun in NYC. Big whoop. Obergefell = gay marriage. Unions were already accepted by most people and now the five gays in Kentucky could now get married. No one cares.

Everyone legally carrying everywhere? 30 rd mags on ARs in NYC? They perceive that as a major societal shift and don’t want anything to do with it wrongly or rightly. What most of them fail to realize is that we are only where we are due to the judiciary looking the other way to constitutional infringements for the last 60 years.

We know Thomas is on board to right the ship and I would say Kav too based on his dissent in Heller II, but the rest of the “conservatives,” who knows.

 

[jcutonilli]

They have a perverted notion of not wanting to inflict societal change through what they perceive as judicial fiat. Heller = handguns guns in homes in DC and for the few people that can afford or care to have a gun in NYC. Big whoop. Obergefell = gay marriage. Unions were already accepted by most people and now the five gays in Kentucky could now get married. No one cares.

Everyone legally carrying everywhere? 30 rd mags on ARs in NYC? They perceive that as a major societal shift and don’t want anything to do with it wrongly or rightly. What most of them fail to realize is that we are only where we are due to the judiciary looking the other way to constitutional infringements for the last 60 years.

We know Thomas is on board to right the ship and I would say Kav too based on his dissent in Heller II, but the rest of the “conservatives,” who knows.

Isn't picking one judicial philosophy over another simply because you don't like the outcome an example of judicial fiat? All of these cases are asking the court to pick one way (text, history, and tradition) of deciding cases over another way (scrutiny) simply because the petitioners don't like the outcome. They do not present a case as to what is wrong with the scrutiny process.

How are people supposed to legally carry? Heller indicates that there is a historical prohibition on concealed carry. They do not appear to dispute this precedent, which suggests that this is really an open carry case. Who really protects the individual members of society? This case is silent on that issue also.

It seems to me that this case and all the other 2a cases that have been denied have not really addressed the real issues that the court needs to evaluate. They just hope that SCOTUS will pick their version of judicial fiat.

 

[DanGuy48]

As liberal new york is i'm convinced they'll go shall issue and yet here in maryland we will be SOL ��

There is still this if I’m not mistaken.

https://www.saf.org/wp-content/uploads/2020/11/1-Complaint.pdf

 

[Kharn]

I bet NY declines to respond at the 20-something day mark, forcing the Court to request a reply, then they'll request an extension so they have 60 days to write their response instead of 30. That will push going to conference out to April, and running out the clock for them in hopes of Biden packing the court vs potentially going to oral argument in December to February, for a June 2022 reveal.

 

[ed bernay]

An enumerated fundamental constitutional right is a crime in NYC, even in your own home. SCOTUS needs to stop this lunacy and smack down NYC.

https://www.thegatewaypundit.com/20...es-25-years-prison-police-seize-airsoft-guns/

Look at all the clowns in this picture so proud of violating this woman's rights. Absolutely disgusting. They make me sick. BTW, they are pellet and airsoft guns.

 

[randomuser]

An enumerated fundamental constitutional right is a crime in NYC, even in your own home. SCOTUS needs to stop this lunacy and smack down NYC.

https://www.thegatewaypundit.com/20...es-25-years-prison-police-seize-airsoft-guns/

Look at all the clowns in this picture so proud of violating this woman's rights. Absolutely disgusting. They make me sick. BTW, they are pellet and airsoft guns.

Asking scotus to fix things is not going to happen. When was the last time the courts saved us?

 

[czman]

I appreciate the efforts of groups and individuals aimed at improving our firearms rights in Maryland, even though we have through the 2nd that granted them, but I don't see anything positive happening in Maryland in terms of expanding what we can buy or whether we can more easily obtain the ability to conceal carry. Been living here a long time, too.

 

[ed bernay]

If SCOTUS doesn't stop this BS now and if Biden is inaugurated, NYC gun control is coming to the USA. People in the rest of the country that actually have experienced freedom will not allow their guns to be taken. They will ignore gun control laws but if government agents come looking for them, I'll bet a significant percentage will open fire if first fired upon. No one wants that. Look at what NYPD does just based on a "tip".