Supreme Court remits MD assault weapons ban back to lower courts in light of Bruen vs. NY ruling

[SPQM]

Look at what CA5 just dropped in the Lautenberg Amendment case.

https://assets.nationbuilder.com/firearmspolicyfoundation/pages/3970/attachments/original/1675361904/United_States_v_Rahimi_Opinion.pdf

Closing words:

Doubtless, 18 U.S.C. § 922(g)(8) embodies salutary policy goals meant to protect vulnerable people in our society. Weighing those policy goals’ merits through the sort of means-end scrutiny our prior precedent indulged, we previously concluded that the societal benefits of § 922(g)(8) outweighed its burden on Rahimi’s Second Amendment rights.

But Bruen forecloses any such analysis in favor of a historical analogical inquiry into the scope of the allowable burden on the Second Amendment right. Through that lens, we conclude that § 922(g)(8)’s ban on possession of firearms is an “outlier[] that our ancestors would never have accepted.” Id. Therefore, the statute is unconstitutional, and Rahimi’s conviction under that statute must be vacated. REVERSED; CONVICTION VACATED.

5th Circuit is saying the brutal truth here. We really want to keep Lautenberg alive; but we can't, Bruen makes it impossible; and we don't want to start a fight with Thomas and SCOTUS.

Expect to see something like this with Bianchi v Frosh; with the appeal for en banc to reverse the 3 judge ruling DENIED.

Those 3 judges are gonna "take one for the team" and get some nice perks out of it.

Look at what is happening with Gavin Newsom and the 5 minute hate:

 

[Mark75H]

Look at what is happening with Gavin Newsom and the 5 minute hate:

Poor baby has his feelings hurt. He should fill out a hurt feelings form.

 

[Allen65]

Poor baby has his feelings hurt. He should fill out a hurt feelings form.

Like this?
https://www.jotform.com/form-templates/butthurt-form

 

[Blacksmith101]

He is running scared and all the other rats are realizing the reason their feet are wet is because the good ship Anti Gun is sinking.

Just watch the liberal tears and gnashing teeth when they get a few good smacks from the Supremes!

 

[lennyk]

Day 60 since the orals...

Oral Argument

Just listened again, and I am optimistic. They will strike it down....the question is what will happen to everything not AR specifically.

 

[teratos]

Day 60 since the orals...

Oral Argument

Just listened again, and I am optimistic. They will strike it down....the question is what will happen to everything not AR specifically.

I’m with you. I hope the 29” rule on SBRs go, too.

 

[rambling_one]

Tick Tock.

 

[SPQM]

I've been doing some more thinking about this case.

I think 4CA is slow rolling it deliberately.

They know they're going to have to rule in line with Bruen, lest Big Daddy Clarence ruin them as the case was specifically sent back by Big Daddy Clarence with instructions to rule correctly.

They really don't want to be the first Circuit Court striking down a big, well known gun law down.

They'd rather let someone else get the heat ... look at how all the tech companies are laying off people but only Elon got heat for what he did at Twitter, which in turn gave the other tech companies "cover" for layoffs.

Also, there's the wild card of the MD General Assembly.

Even if you're a left-leaning judge -- you have an ego -- You don't want to take the kind of heat for overturning the MD AWB, only for the MD General Assembly to pass a slipshod new AWB bill 3 days later.

I believe they will drop Bianchi around March 10 to 22.

March 10 is — Final date for introduction of bills without suspension of rules.

March 20 is - Opposite Chamber Bill Crossover Date.

Giving the MD General Assembly time to respond will result in a very slipshod horrible bill that the courts will have to fix.

Judges are like the rest of us -- lazy -- they don't like having to go back to fix things they already ruled on before.

 

[teratos]

Judges are like the rest of us -- lazy -- they don't like having to go back to fix things they already ruled on before.

No. I’m not lazy on my job, most judges aren’t lazy on theirs.

 

[dblas]

I've been doing some more thinking about this case.

I think 4CA is slow rolling it deliberately.

They know they're going to have to rule in line with Bruen, lest Big Daddy Clarence ruin them as the case was specifically sent back by Big Daddy Clarence with instructions to rule correctly.

They really don't want to be the first Circuit Court striking down a big, well known gun law down.

They'd rather let someone else get the heat ... look at how all the tech companies are laying off people but only Elon got heat for what he did at Twitter, which in turn gave the other tech companies "cover" for layoffs.

Also, there's the wild card of the MD General Assembly.

Even if you're a left-leaning judge -- you have an ego -- You don't want to take the kind of heat for overturning the MD AWB, only for the MD General Assembly to pass a slipshod new AWB bill 3 days later.

I believe they will drop Bianchi around March 10 to 22.

March 10 is — Final date for introduction of bills without suspension of rules.

March 20 is - Opposite Chamber Bill Crossover Date.

Giving the MD General Assembly time to respond will result in a very slipshod horrible bill that the courts will have to fix.

Judges are like the rest of us -- lazy -- they don't like having to go back to fix things they already ruled on before.

The Federal Court system pays absolutely no attention to Maryland legislative dates, you are reading way more into this than needs to be. And if this law is ruled against, the legislature won't automatically write/pass another bill/law, the state will request en banc and/or a writ from SCOTUS.

 

[fabsroman]

I've been doing some more thinking about this case.

I think 4CA is slow rolling it deliberately.

They know they're going to have to rule in line with Bruen, lest Big Daddy Clarence ruin them as the case was specifically sent back by Big Daddy Clarence with instructions to rule correctly.

They really don't want to be the first Circuit Court striking down a big, well known gun law down.

They'd rather let someone else get the heat ... look at how all the tech companies are laying off people but only Elon got heat for what he did at Twitter, which in turn gave the other tech companies "cover" for layoffs.

Also, there's the wild card of the MD General Assembly.

Even if you're a left-leaning judge -- you have an ego -- You don't want to take the kind of heat for overturning the MD AWB, only for the MD General Assembly to pass a slipshod new AWB bill 3 days later.

I believe they will drop Bianchi around March 10 to 22.

March 10 is — Final date for introduction of bills without suspension of rules.

March 20 is - Opposite Chamber Bill Crossover Date.

Giving the MD General Assembly time to respond will result in a very slipshod horrible bill that the courts will have to fix.

Judges are like the rest of us -- lazy -- they don't like having to go back to fix things they already ruled on before.

Yep, that's it. Saw dblas post and was hoping it was about the opinion coming out. Nope.

 

[Allen65]

The Federal Court system pays absolutely no attention to Maryland legislative dates, you are reading way more into this than needs to be. And if this law is ruled against, the legislature won't automatically write/pass another bill/law, the state will request en banc and/or a writ from SCOTUS.

Would you see any real chance there'd be an en banc if a 3 judge panel decision is appealed, or would 4CA just want to punt to SCOTUS as quickly as possible to make it someone else's problem. All that en banc does is delay the almost inevitable trip to SCOTUS.

 

[dblas]

Would you see any real chance there'd be an en banc if a 3 judge panel decision is appealed, or would 4CA just want to punt to SCOTUS as quickly as possible to make it someone else's problem. All that en banc does is delay the almost inevitable trip to SCOTUS.

4th Circuit won't punt, they don't really have that luxury, no single Circuits "punts" to SCOTUS, since there is absolutely no guarantee SCOTUS will take it.
As for en banc, it depends on how the other judges in the 4th Circuit fel about the ruling when it comes out.

 

[lennyk]

En banc will be denied. The case was remanded from SCOTUS for a reason. Besides Saint Benitez may do the dirty work any way, with the 9th not taking it. Newsom admitted to as such. My only question is about the other goodies. Specifically if “common use” is to AR specifically or to semiautomatics in general. That will be interesting.

 

[annihilation-time]

Sent from my SM-G998U using Tapatalk

 

[Racer Doug14]

"slow walk"? Hell, this is a slow low crawl! Same with the HQL suit. Where is that?

 

[lennyk]

We’re coming up on day 90 very shortly.

 

[MDFF2008]

The current number of justices was established by a bi-cameral act of congress in 1869. Like other legislation, it required both chambers and the signature of the president. The structure of the court was modified by that law, and remains unchanged since. It wasn’t just the senate picking “9” out of thin air and thus making it so.

The senate can’t even get just its one part of such a change in place again unless - for the foreseeable demographic future - they first kill the filibuster. And even then, that doesn’t get a new law passed to tear down the one from 1869. That requires the House.

You may disagree but I think had the Democrats held the House, we'd see filibuster reform.

I think we'd either see a requirement it physically be done, or something like the majority party can designate 3 bills a year as filibuster exempt.

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[Occam]

You may disagree but I think had the Democrats held the House, we'd see filibuster reform.

Well, yeah, I disagree. Because they already didn’t do that when they held both chambers for years. Because there are enough Dem senators who learned the Harry Reid lesson and won’t make that mistake again.

 

[teratos]

Well, yeah, I disagree. Because they already didn’t do that when they held both chambers for years. Because there are enough Dem senators who learned the Harry Reid lesson and won’t make that mistake again.

Yep. Reid f*cked them. Seemed like a good idea at the time…until the Republicans did the same thing.