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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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  #1721  
Old 11-18-2021, 11:09 PM
pacrat pacrat is offline
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But, once again, we are drifting from the thread topic; though I have attempted to keep it tied in. So, I suggest we take this to a different thread [PMs] if you want to continue in this vein.
^^^FIFY^^^

Forcing every other forum member to make 15 full rolls of their scroll wheels. Just to get past YOUR LAST POST goes far beyond "WALL OF TEXT" EVEN FOR YOU!

You shooting for a personal record or what?
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  #1722  
Old 11-18-2021, 11:47 PM
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TrappedinCalifornia TrappedinCalifornia is offline
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Originally Posted by pacrat View Post
^^^FIFY^^^

Forcing every other forum member to make 15 full rolls of their scroll wheels. Just to get past YOUR LAST POST goes far beyond "WALL OF TEXT" EVEN FOR YOU!

You shooting for a personal record or what?
Just addressing the issues presented directly to me; which is why I suggested we take this to another thread in that we have drifted away from the thread topic appreciably, though not entirely.

Now you invite me to add even more to the thread without actually addressing the topic?

BTW: Not my longest response and, as I have said, numerous times, it takes more than bumper sticker and/or Twitter length posts to unwind what was said and address it. Which, again, is why such discourse, should be taken to another thread, more in line with what is being promoted, in that it is becoming increasingly difficult to stay on topic due to the drift which has occurred and that you are now contributing to.
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  #1723  
Old 11-19-2021, 12:17 AM
pacrat pacrat is offline
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Originally Posted by TrappedinCalifornia View Post
Just addressing the issues presented directly to me; which is why I suggested we take this to another thread in that we have drifted away from the thread topic appreciably, though not entirely.

Now you invite me to add even more to the thread without actually addressing the topic?

BTW: Not my longest response and, as I have said, numerous times, it takes more than bumper sticker and/or Twitter length posts to unwind what was said and address it. Which, again, is why such discourse, should be taken to another thread, more in line with what is being promoted, in that it is becoming increasingly difficult to stay on topic due to the drift which has occurred and that you are now contributing to.
Deflect blame onto others, all you want. Your keyboard compulsion remains all yours. The only thing I invited you to do, is take your 10,000 word waste of bandwidth to PMs.
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  #1724  
Old 11-19-2021, 9:42 AM
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I don't know if my analysis is better than that of others on this thread, but I can summarize it in fewer words:
1. Strict scrutiny explicitly allows courts to "balance" your Second Amendment rights against the government's "compelling interest" in finding an unending number of ways and reasons to restrict those rights
2. THT makes it harder (but certainly not impossible) for courts to twist and stretch to restrict gun rights
3. Once the Supreme Court sets out the details of how THT applies in a specific context, that interpretation of THT is established and binding on lower courts
4. To the extent the Supreme Court has not addressed specific details, the lower courts have some flexibility in applying THT to cases raising those specific details.
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  #1725  
Old 11-19-2021, 10:07 AM
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Thank you, stoogesvc.
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  #1726  
Old 11-19-2021, 11:10 PM
Ceemack Ceemack is offline
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Originally Posted by pacrat View Post
^^^FIFY^^^

Forcing every other forum member to make 15 full rolls of their scroll wheels. Just to get past YOUR LAST POST goes far beyond "WALL OF TEXT" EVEN FOR YOU!

You shooting for a personal record or what?
Just put him on your ignore list. Makes life a lot simpler.
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  #1727  
Old 11-20-2021, 3:32 PM
pbreed pbreed is offline
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SCOTUS is releasing one or more opinions on Monday.
So in fantasy world...

Its 5-4 with Roberts in the 4. so Thomas gets to write the opinion.
He's really pissed off its taken so long to hear a 2a case...
He already wrote his opinion pre-emptively, so its ready now...

So its a scathing opinion saying some means of carry is required EVERYWHERE. The only sensitive places are places with 100% invasive screening and armed guards. No restrictions on weapon type are allowed.
If the military can have it so can the populace...
NFA is toast...

It will be here Monday at 10Am.

Such fantasy is free we can dream for a few days and costs nothing...
Unsure if this is more or less likely than winning powerball.
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  #1728  
Old 11-20-2021, 4:32 PM
MajorCaliber MajorCaliber is offline
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Originally Posted by pbreed View Post

...Thomas gets to write the opinion.
He's really pissed off its taken so long to hear a 2a case...
He already wrote his opinion pre-emptively, so its ready now...
I actually believe that part. I bet he's had an opinion in his files for years. I hope that his impatience links with the idea that justice delayed is justice denied and in the immortal words of Bruce Buffer, "IT'S TIME!' I HOPE that whoever writes it foresees all the other BS tricks that will be used to obstruct our rights and writes a very directive opinion that forecloses all or most of them.
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  #1729  
Old 11-21-2021, 6:59 AM
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Originally Posted by pbreed View Post
SCOTUS is releasing one or more opinions on Monday.
So in fantasy world...

Its 5-4 with Roberts in the 4. so Thomas gets to write the opinion.
He's really pissed off its taken so long to hear a 2a case...
He already wrote his opinion pre-emptively, so its ready now...

So
While I too will pray to God that Thomas writes the opinion, Roberts would likely vote with the other five conservatives simply so he could prevent Thomas from writing the opinion. Roberts is primarily concerned with the image of the court and his ‘legacy’ as Chief Justice, so he would want to steer the opinion into a centrist and narrow interpretation. And its very likely the opinion won’t come until the very end of this term.
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  #1730  
Old 11-21-2021, 10:44 AM
Elgatodeacero Elgatodeacero is offline
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That’s not really how it works. The opinion Roberts would write must get at least 4 others to sign on to the opinion.

If Roberts were to vote with a pro-2nd Amendment 6-3 majority and write a weak opinion, the other 5 would write or join a much stronger majority opinion and Roberts’ opinion becomes a concurring opinion.
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  #1731  
Old 11-21-2021, 10:47 AM
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Originally Posted by Elgatodeacero View Post
That’s not really how it works. The opinion Roberts would write must get at least 4 others to sign on to the opinion.

If Roberts were to vote with a pro-2nd Amendment 6-3 majority and write a weak opinion, the other 5 would write or join a much stronger majority opinion and Roberts’ opinion becomes a concurring opinion.
^^^^THIS^^^

The system is designed so that the Justice authoring a majority opinion is not able to use the opportunity as a "Bully Pulpit."
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  #1732  
Old 11-21-2021, 1:46 PM
LoadedM333 LoadedM333 is offline
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Originally Posted by RickD427 View Post
^^^^THIS^^^

The system is designed so that the Justice authoring a majority opinion is not able to use the opportunity as a "Bully Pulpit."

Thanks for the explanation.


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  #1733  
Old 11-21-2021, 2:02 PM
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Originally Posted by pbreed View Post
SCOTUS is releasing one or more opinions on Monday.
So in fantasy world...
Too soon.

Even if the conservatives are in lock step, they will want to make sure each of their discrete and nuanced evaluations is represented. The liberals will lobby to soften and tailor the remarks and try to narrow the decision. Then they will spend a great deal of time writing the opposition statement to challenge every thesis posited in the majority opinion.

This will take a while.
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  #1734  
Old 11-21-2021, 2:08 PM
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Too soon.

Even if the conservatives are in lock step, they will want to make sure each of their discrete and nuanced evaluations is represented. The liberals will lobby to soften and tailor the remarks and try to narrow the decision. Then they will spend a great deal of time writing the opposition statement to challenge every thesis posited in the majority opinion.

This will take a while.
^^^ALSO THIS^^^^

There is a lot of "massaging" that goes into the writing of an opinion, both to integrate, and balance, the opinions of the majority, and to address the dissenting opinions. This one is probably gonna require more of that effort than most. Look for it to come out at the end of the term.
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  #1735  
Old 11-21-2021, 4:05 PM
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Originally Posted by RickD427 View Post
There is a lot of "massaging" that goes into the writing of an opinion, both to integrate, and balance, the opinions of the majority, and to address the dissenting opinions. This one is probably gonna require more of that effort than most. Look for it to come out at the end of the term.
That'd be June, 2022, five months before the mid-terms. Given the Court's disposition on not being seen to interfere in elections, sometimes I wonder if an earlier release might be too much to wish for.
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  #1736  
Old 11-21-2021, 8:26 PM
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Originally Posted by Fedora View Post
That'd be June, 2022, five months before the mid-terms. Given the Court's disposition on not being seen to interfere in elections, sometimes I wonder if an earlier release might be too much to wish for.
The Court isn’t going to prioritize its opinion releases based on future election dates. Arguably more volatile is the Texas abortion case.
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  #1737  
Old 11-22-2021, 9:30 AM
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The opinion released was Mississippi v. Tennessee, about pumping water from the Middle Claiborne Aquifer.

Gun rights are substantially less important to SCOTUS and will take their own time to materialize.
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  #1738  
Old 11-22-2021, 1:26 PM
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The decision was 9-0 so probably easy to write and get agreement.
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  #1739  
Old 11-24-2021, 1:57 PM
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The decision was 9-0 so probably easy to write and get agreement.
That's why the big contested cases get decided last. They don't just write an opinion, they have to respond to those who didn't join in their opinion.
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