Supreme Court Takes Major NRA Second Amendment Case from New York

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  • ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,601
    God's Country
    Looks like SCOTUS ruled based on the fact that the plaintiff “could” seek damages from the state for violating their second amendment rights. I find this interesting in that I’ve never before heard about the possibility of seeking damages from the state for second amendment infringements. Could this ruling offer a beneficial precedent separate from the rulling on the eventual case?
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,503
    Solicitor General (Trump appointee) supports NRA’s argument:

    NYSRPA v NYC SCOTUS case / breaking news: The United States government takes the official position that the case is NOT moot!
    !https://supremecourt.gov/DocketPDF/1...20 views.pdf https://supremecourt.gov/DocketPDF/1...20 views.pdf

    https://www.supremecourt.gov/DocketPDF/18/18-280/122653/20191115171839625_Letter 18-280 views.pdf

    Regards
    Jack

    One of the links ought to work.

    Second link to the ruling works... Thank you.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Solicitor General (Trump appointee) supports NRA’s argument:

    NYSRPA v NYC SCOTUS case / breaking news: The United States government takes the official position that the case is NOT moot!
    !https://supremecourt.gov/DocketPDF/1...20 views.pdf https://supremecourt.gov/DocketPDF/1...20 views.pdf

    https://www.supremecourt.gov/DocketPDF/18/18-280/122653/20191115171839625_Letter 18-280 views.pdf

    Regards
    Jack

    One of the links ought to work.

    This is a big deal. Responses due 11/20. Expect petitioners to respond with a letter on the 20th stating clearly that they intend to seek damages. Note how the SG set this up. First a letter to the Court saying that they have now reached a conclusion on the mootness issue and a statement inviting the Court to invite a supplemental filing. Viola, Court instantly requests a letter brief from the SG. Then, on the same day, letter brief is filed, as it was all ready to go. Nicely done.
     

    Fox123

    Ultimate Member
    May 21, 2012
    3,931
    Rosedale, MD
    Looks like SCOTUS ruled based on the fact that the plaintiff “could” seek damages from the state for violating their second amendment rights. I find this interesting in that I’ve never before heard about the possibility of seeking damages from the state for second amendment infringements. Could this ruling offer a beneficial precedent separate from the rulling on the eventual case?

    SCOTUS has not ruled on anything. The US solicitor general wrote in the federal governments position/opinion on mootness.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Yup, they had until the 20th to respond and had it submitted on the 15th, the same day they were authorized to do so. :party29:

    I think you misread the request
    Request from the Clerk that the Solicitor General submit his views on mootness in a letter brief, limited to 10 pages, by 6 p.m., Friday, November 15, 2019. The parties may submit their responses in a letter brief, limited to 10 pages each, by 2 p.m., Wednesday, November 20, 2019.

    The Solicitor General was required to submit a letter brief by 6 pm of the day of the request.

    NYC and NYSRPA have until Wed the 20th to respond to the Solicitor General's letter brief.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,582
    Hazzard County
    Would the SG's office have submitted their brief along with their letter to the clerk, or called to discuss it with the clerk that their brief would be X pages ahead of time to ensure they weren't cut short?

    :lol2: at one of the parties having @mofo.com as their firm's domain name.

    I'm surprised at the SG's brief sticking to City of Mesquite v Aladdin's Castle not applying to state legislatures, even when public records support the petitioner's suggestion in this case.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Would the SG's office have submitted their brief along with their letter to the clerk, or called to discuss it with the clerk that their brief would be X pages ahead of time to ensure they weren't cut short?

    :lol2: at one of the parties having @mofo.com as their firm's domain name.

    I'm surprised at the SG's brief sticking to City of Mesquite v Aladdin's Castle not applying to state legislatures, even when public records support the petitioner's suggestion in this case.

    Submission without permission is not allowed. They had it ready to go. 10 pages is pretty standard.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Basically as I read it, petitioners have to seek damages and maybe provide some explanation why the "tardiness" is requesting it is excusable. SG brief seems to have rejected all the other theories why the case is not moot.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,195
    Anne Arundel County
    SG brief seems to have rejected all the other theories why the case is not moot.

    All it takes is one issue that can be granted relief in order to not moot the case. SG's argument in favor of that one seems pretty strong, but that could just be confirmation bias on my part.
     
    Last edited:

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    3,061
    Napolis-ish
    the transcript of the hearing will be public the day after the hearing. Rather than getting it 2nd hand or 3rd hand from any source, I recommend reading the transcript directly.

    We can't trust the transcript, haven't you been following the news?:lol2:
     

    Boxcab

    MSI EM
    MDS Supporter
    Feb 22, 2007
    7,927
    AA County
    Transcripts do not reflect the tone and other non-verbal clues that can play very significant roles in the true meaning of any statement. The pace of the questions and answers are lost as well.





    .
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Transcripts do not reflect the tone and other non-verbal clues that can play very significant roles in the true meaning of any statement. The pace of the questions and answers are lost as well.

    .

    You mean like Frosh banging his head on the desk?

    Sorry but epic non-verbal cues like that are pay-per-view only!
     

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