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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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#401
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And maybe they’re setting precedent on his defending the Bill of Rights by having his press secretary declare that houses of worship must open under the 1st amendment and “supports the exercising of that right in the fullest and most robust way”
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When seconds count 1911 > 911 is correct numerically as well "Sometimes I wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it." -Mark Twain |
#402
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#403
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Other non 2A cases were also relisted and announced Friday. I'm not seeing why this is a bad sign?
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#405
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I don't think I'd read too much into it. Tues is next Orders for other courts or parties. This relisting is just SCOTUS updating their own calendar.
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 05-26-2020 at 10:36 AM.. |
#407
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All it means is SCOTUS doesn’t consider the 2A a priority. They don’t care that lower courts are ignoring Heller and McDonald. The 2A isn’t even a secondary right. It’s tertiary at best. Last edited by Bhobbs; 05-25-2020 at 5:18 PM.. |
#408
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#410
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Especially with all the covid stuff working its way up now, this red-headed step-child is going to get shoved further in the closet. See y'all in 2025?
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#412
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240+ examples of CCWs Saving Lives. |
#413
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they relisted Guedes v ATF right up until cert was denied
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#414
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Good overview article by CNN getting the uninformed masses up to speed.
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 05-26-2020 at 2:31 PM.. |
#415
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Right. So, like I said, if some/all of them do NOT get relisted on Friday for next Thursday's conference, it could mean something will happen to them on Monday.
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 05-26-2020 at 2:32 PM.. |
#416
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Too much pessimism.
If the conservatives on the SCOTUS didn't want to take one of the cases and issue a decision? It'd be simplicity itself - just deny cert to everything and they're done. Since they haven't denied cert it is most logical to suggest they are seriously considering granting cert to one or more of the held 2A cases. I frankly would not expect a grant of cert until about their last opportunity in this session. They have multiple cases and are probably effectively writing potential decisions for the various cases and for combinations of cases. And since they aren't going to hear arguments in the case(s) until the next session (and I'm betting not until the next calendar year in order to avoid political implications) there is simply no need to grant cert at this time. The 5 can work out which is the best case (or cases), determine whether they need to combine two into one, write possible decisions and bargain amongst themselves over what will work best for the balance they are aiming for. I'd not expect a grant of cert for several weeks. Maybe it'll happen sooner but I'd not bet on it.
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CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that). |
#417
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The 4 are trying to figure out which one they can get Roberts onboard and at what cost of decision dilution.
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#418
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CNN is wrong that it is a slam dunk because you only need 4 for cert.
Sure, if the 4 voting for cert do not care about the outcome, then it WOULD be easy to grant cert and let the chips fall where they may. But if they are worried Roberts is going to screw them, then they effectively need him on board too in order to not risk an antigun precedent. If all the 2A cases are dismissed, it is effectively proof that Roberts has flipped, or that he does not want to expand gun rights at all past the watered down protections Heller gave us. |
#419
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Remember that Thomas doesn't always think about things the same way other conservatives do. In McDonald he did not join the majority opinion but wrote a concurrence. We really do not know if there is a particular Justice who is being particularly difficult for the other 4 to bring on board or if it is a general consensus-building exercise (or something else). If I were to make an guess (and understand that it is a guess), Roberts will want a decision mandating a certain level of scrutiny and then let the lower courts fight it out and then come back to SCOTUS if needed. The other four will want a more "broad" ruling. Note that mandating strict scrutiny is sort of a narrow ruling but it does have broad implications. I think the others may want to move things a bit beyond scrutiny and give the lower courts even less leeway than "strict scrutiny" might allow them. But the truth is that we don't know just what they are discussing or why. It's even possible that one or more justices knows the level of perfidy which would cause Roberts and Kavanaugh to vote for a decision not only on 2A matters but on mootness as well. So they might try for a case they think may be subject to an attempt to moot and pounce on that. For that matter, there is some pretty egregious governmental stomping on freedom in the name of Covid-19. They'll try to moot the cases which have arisen from that - and that could even increase the interest in a case which might require re-addressing mootness. It's fun to speculate, but it's speculation.
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CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that). |
#420
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#421
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Though she might be insulted by the mental gymnastics of some of the lower court decisions. Last edited by Offwidth; 05-26-2020 at 10:36 PM.. |
#422
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"oh, it might make people 'feel safer' if we ban semi auto rifles? Well, righty-o, consider it done." |
#425
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There's also the possibility that the justices either don't get to discussing a particular case or they decide that a case requires further discussion and it gets pushed to a future conference.
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"There is an old song which asserts that "the best things in life are free". Not true! Utterly false! This was the tragic fallacy which brought on the decadence and collapse of the democracies of the twentieth century; those noble experiments failed because the people had been led to believe that they could simply vote for whatever they wanted… and get it, without toil, without sweat, without tears." |
#426
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240+ examples of CCWs Saving Lives. |
#429
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As Dean Martin would say, "That would be a kick in the pants!"
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"The most hated initials in America today ... TSA." Said by yours truly to an audience of nodding IRS employees. |
#430
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That is not what SCOTUSblog is implying. They are implying that being relisted is a requirement for a case to be granted cert.
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#431
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I'd be stunned if they granted cert to 10 of our 2A cases. It'd be intriguing, though. If nothing else, would they be doing orals on 10 separate cases? If they consolidate would you have 10 teams of lawyers doing orals in what would effectively be a very short time period?
I think one or two cases get cert. If they combine cases I could see 3-4 being involved. I think Roberts in particular would prefer to be able to rule somewhat narrowly and then let the lower courts sort things out and then another case be brought if they are getting it wrong or seem confused. I'd still not bet much on getting cert at the next conference. It could happen, but I'm still guessing they are still working out which to take and how to shape the decision.
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CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that). |
#433
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I believe we'll have a colony on Mars before SCOTUS upholds the Second Amendment...
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#434
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Frankly, I hope they don't do that. I'd much prefer that they take the minimum number of cases in order issue the ruling they want to give. I want as many GVRs are possible because that should force the appellate courts to establish a favorable precedent in their various circuits. Well, that's how I think it should go. . .
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CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that). |
#435
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Sent from my SM-N960U using Tapatalk Last edited by Transient; 05-28-2020 at 12:39 PM.. |
#436
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If you look at the one case they granted cert (Summary disposition) on may 26 orders, it was NOT relisted on may 22... because they had come to a decision during may 21 conference. That decision just wasn’t released until we saw may 26 order list.
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#438
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Severely limited to nonexistent. There would no hunting, nor wild animals, but probably a bunch of pressurized air spaces that don't tolerate holes very well. Kind of like living aboard an aircraft, except that replacing oxygen is much more expensive. Plus, unless manufactured on planet, the cost of shipping one from Earth would be massively prohibitive. It costs mucho dinero in rocket fuel to get heavy objects out of Earth's gravity well.
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#439
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Do you think if they launched more rockets the cost would decrease because of volume? They've been launching unmanned cargo rockets from the eastern shore of Virginia for several years now. Also, given Mars surface is mostly rust, I think it would be better if polymer frame firearms were shipped there. They would last longer. Plus, polymer frames are lighter, thus requiring less fuel for launch, or more firearms to be launched. Sent from my SM-N960U using Tapatalk |
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