NYC CCW case is at SCOTUS!

[Kharn]

A newly recognized civil right always goes last.

 

[camo556]

Roberts wrote an opinion from the Nov sitting (Ramirez v. Collier nov 9th).

Gorsuch has now written 2 opinions from Nov.

Alito has one.

It's unlikely that Roberts wrote two from Nov. That means Barrett, Thomas, or Kavanaugh are writing NY Guns.

My money is on Barrett.

 

[DC-W]

Roberts wrote an opinion from the Nov sitting (Ramirez v. Collier nov 9th).

Gorsuch has now written 2 opinions from Nov.

Alito has one.

It's unlikely that Roberts wrote two from Nov. That means Barrett, Thomas, or Kavanaugh are writing NY Guns.

My money is on Barrett.

I think you're right. If not her, Kavanaugh.

 

[rambling_one]

When is it Justice Thomas’ turn?

 

[Mike OTDP]

I think Thomas wants this one. It's the sort of decision that will be studied for years.

 

[DC-W]

Roberts is likely in the majority and he gets to assign the author. I’d doubt with every fiber of my being he’d allow Thomas to write this.

 

[motorcoachdoug]

There is no way in heck would Roberts allow Thomas to write this one since Roberts does know about Thomas being a big believer in 2A rights and Thomas would deliver in a opinion that would be very broad in supporting 2A rights as well which proves that Roberts is once again he is against little people carrying concealed firearms thus forcing his personal beliefs upon the people of this nation.

 

[camo556]

If Thomas wrote it, it would be one line ("Shall not be infringed mother****er") and already published.

 

[rbird7282]

If Thomas wrote it, it would be one line ("Shall not be infringed mother****er") and already published.

Lmao


Sent from my iPhone using Tapatalk

 

[ddestruel]

There is no way in heck would Roberts allow Thomas to write this one since Roberts does know about Thomas being a big believer in 2A rights and Thomas would deliver in a opinion that would be very broad in supporting 2A rights as well which proves that Roberts is once again he is against little people carrying concealed firearms thus forcing his personal beliefs upon the people of this nation.

Im thinking that if it is a split majority opinion Roberts can still not be the one assigning

If he and possibly barrett sign on to a version of a concurrence, then their vote is still part of the majority but yields a split majority. If that is the case the assignment order changes and i think it goes in order of seniority. If the other 4, Kavanaugh, gorsuch, alioto sign onto a firmer majority ruling, I believe that that ruling would become the majority opinion. the concurrence by the other 2 is part of the ultimate ruling tally but in that case the controlling document and reading will be assigned by Thomas.

 

[Texasgrillchef]

Roberts wrote an opinion from the Nov sitting (Ramirez v. Collier nov 9th).

Gorsuch has now written 2 opinions from Nov.

Alito has one.

It's unlikely that Roberts wrote two from Nov. That means Barrett, Thomas, or Kavanaugh are writing NY Guns.

My money is on Barrett.

My money is on Thomas, he has been itching to write one ever since Heller. Just look at many of his dissents on Denials of cert.

 

[Texasgrillchef]

There is no way in heck would Roberts allow Thomas to write this one since Roberts does know about Thomas being a big believer in 2A rights and Thomas would deliver in a opinion that would be very broad in supporting 2A rights as well which proves that Roberts is once again he is against little people carrying concealed firearms thus forcing his personal beliefs upon the people of this nation.

I doubt it. Roberts made a clear statement during oral arguments where he wonders why a constitutional right needs a permit in the first place. We don’t require one to exercise our first, or third

That statement during arguments came from Roberts. That’s a pretty bold statement from someone who is being touted as AnTI

 

[Texasgrillchef]

Im thinking that if it is a split majority opinion Roberts can still not be the one assigning

If he and possibly barrett sign on to a version of a concurrence, then their vote is still part of the majority but yields a split majority. If that is the case the assignment order changes and i think it goes in order of seniority. If the other 4, Kavanaugh, gorsuch, alioto sign onto a firmer majority ruling, I believe that that ruling would become the majority opinion. the concurrence by the other 2 is part of the ultimate ruling tally but in that case the controlling document and reading will be assigned by Thomas.

I think it will be a split majority opinion. Because I think they will address three issues.

1. Right to carry outside your home in public for self defense. I think on this part we will get a 6-3 majority. I think this part will be a clear winner.

2. The use of scrutiny. This I think we will get a 5-4 ruling. Roberts may not concur.

3. Sensitive Places. I think comment will be illicited on this. I think this will be a 5-4 or even a 6-3 vote. Depends on if they agree on the same things. Alito and Thomas for sure in the 5. The rest hard to say.

 

[camo556]

The recent Ramirez v. Collier Kavanaugh concurrence explains why the court is uncomfortable with the strict scrutiny doctrine (in the context or free exercise). It's difficult to know where to draw the line and it becomes a balancing test.

But strict scrutiny often makes judges (and scholars) uneasy because it turns on courts' intuitive judgments. In practice, strict scrutiny often works as a balancing test that depends on judges' prior commitments, which are often contestable.

https://reason.com/volokh/2022/03/28/tradition-and-compelling-interests-in-religion-cases/

The court is unlikely to import strict scrutiny to guns. we see what a mess the courts have made of intermediate scrutiny.

also, only 3 cases left from Oct. The odds of seeing something grows dramatically each Thursday.

 

[Texasgrillchef]

The recent Ramirez v. Collier Kavanaugh concurrence explains why the court is uncomfortable with the strict scrutiny doctrine (in the context or free exercise). It's difficult to know where to draw the line and it becomes a balancing test.




https://reason.com/volokh/2022/03/28/tradition-and-compelling-interests-in-religion-cases/

The court is unlikely to import strict scrutiny to guns. we see what a mess the courts have made of intermediate scrutiny.

also, only 3 cases left from Oct. The odds of seeing something grows dramatically each Thursday.

One thing is for sure none of the conservatives on the court agree with or like the way the courts have been using intermediate scrutiny to decide cases, or the two teir approach. That has been stated by several justices on several occasions.

They will probably do something like follow text and history. But that can be problumatic as well. While we hear all agree on the text and history of the constitution. The problem comes in when we talk about the history of other laws, the 14th ammendment blacks law, and the issue from the 1600's about the kings law.

I just know something will be written on how to decide future 2A cases and have a feeling the use of intermediate scrutiny in a two teird approach will hopefully go by the way side.

 

[Texasgrillchef]

Here is a couple of positive thoughts.

1. 89% of Supreme Court cases have been reversed by the Supreme Court.

2. The Heller and McDonald cases were all given a decision in less time then we have been waiting on this decision. So the NYSPRA opinion will be coming sooner not later. I suspect in April.

 

[jcutonilli]

Here is a couple of positive thoughts.

1. 89% of Supreme Court cases have been reversed by the Supreme Court.

2. The Heller and McDonald cases were all given a decision in less time then we have been waiting on this decision. So the NYSPRA opinion will be coming sooner not later. I suspect in April.

Heller and McDonald were both argued in March and both were issued with less than a week left in the term. The time frames for both cases were based on the limited time left after argument rather than it took x days. I suspect they will wait till the end of the term for this case.

 

[AliasNeo07]

I doubt it. Roberts made a clear statement during oral arguments where he wonders why a constitutional right needs a permit in the first place. We don’t require one to exercise our first, or third

That statement during arguments came from Roberts. That’s a pretty bold statement from someone who is being touted as AnTI

People calling him an anti are people upset over his votes on Obamacare and other crap. A vast majority of his opinions are conservative. He's conservative. And he voted for Heller and McDonald. No one has any logical reason to call him an anti. Yet.

Heller and McDonald were both argued in March and both were issued with less than a week left in the term. The time frames for both cases were based on the limited time left after argument rather than it took x days. I suspect they will wait till the end of the term for this case.

I had to sound cruel, but I wish they'd speed it up in case Thomas gets worse.

 

[delaware_export]

I’ll predict a ruling in 3 months +\-… or less

I wanting the broadest pro2a ruling, but we should be prepared for disappointment to some extent or another.. somehow I think they’ll hedge somewhere along the line

Tic tic tic…

 

[Texasgrillchef]

People calling him an anti are people upset over his votes on Obamacare and other crap. A vast majority of his opinions are conservative. He's conservative. And he voted for Heller and McDonald. No one has any logical reason to call him an anti. Yet.



I had to sound cruel, but I wish they'd speed it up in case Thomas gets worse.

They basically allready voted on the outcome of the case. All that is left now is writing the opinion. Once that is written they either concur in part and dissent in part.

They have to vote first to see who needs to write the majority opinion. Then additional opinions are written in dissent, or combination there of.

I suspect that the majority opinion has allready be written at this point. And the dissents are being written currently.