jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
While I get that having a circuit split is important to review the cert opp rests almost entirely on that this is a outlier place.
Well sure but if it were any other right and one place was violating in a ergerious manner the Supreme Court would get involved.
What if only one major city engaged in racism or curbed political protest. Would that be a argument for denial?
Lawyers have to make some kind of argument and typically exaggerate their position when it is weak. Lots of petitions claim there is a split when there really is not one.
I think they are trying to cast doubt on why SCOTUS should deny the petition by framing the petition as one of local error. Many of the Justices have stated publicly that they deny these types of petitions.
Having read the petition, I do see this as a weakness that could have been better addressed. The city seems to be taking advantage of this weakness. While it is a weakness, I don't see it as being fatal.
I agree that if this were any other right SCOTUS would step in. The problem is that they have been very reluctant in granting 2A petitions.