Peruta STANDS! Update post 70: Nope

[Knuckle Dragger]

So it sounds like the SC has to have 4 justices vote in the affirmative to take the case. So we need Kennedy and RBG to go away asap. 7-2 ain't good.

This means that Kennedy, Roberts and Alito all voted against taking on this case. WTF?!

All we know is that Thomas and Gorsuch, and perhaps one other, voted to grant cert. They don't publish their cert votes and the only way to know how a justice came down is if they issue a dissent or want you to know:

16-847 ) SESSIONS, ATT'Y GEN., ET AL. V. BINDERUP, DANIEL, ET AL.
)
16-983 ) BINDERUP, DANIEL, ET AL. V. SESSIONS, ATT'Y GEN., ET AL.
The petitions for writs of certiorari are denied. Justice
Ginsburg and Justice Sotomayor would grant the petitions for
writs of certiorari.

Another justice could have voted for cert, but chose not signed onto the dissent. You're not going to see four votes for cert unless those four are fairly certain that they can get a fifth vote when it comes time to hear the case. A denial of cert is better than a grant with a loss.

 

[VetteGirlMA]

All we know is that Thomas and Gorsuch, and perhaps one other, voted to grant cert. They don't publish their cert votes and the only way to know how a justice came down is if they issue a dissent or want you to know:



Another justice could have voted for cert, but chose not signed onto the dissent. You're not going to see four votes for cert unless those four are fairly certain that they can get a fifth vote when it comes time to hear the case. A denial of cert is better than a grant with a loss.

Is there any hope that this can come back to the supreme court or is it basically over?

 

[Della Street]

All we know is that Thomas and Gorsuch, and perhaps one other, voted to grant cert. They don't publish their cert votes and the only way to know how a justice came down is if they issue a dissent or want you to know:

Another justice could have voted for cert, but chose not signed onto the dissent. You're not going to see four votes for cert unless those four are fairly certain that they can get a fifth vote when it comes time to hear the case. A denial of cert is better than a grant with a loss.

+1

 

[firestorm]

Is there any hope that this can come back to the supreme court or is it basically over?

With denial of cert the case is dead, another one just like it could come along but would have to appeal through the various courts as the current precedent in that circuit is now the 9th's ruling on this.

 

[Knuckle Dragger]

Is there any hope that this can come back to the supreme court or is it basically over?

Not over at all. There are still right to carry cases in the pipeline.

 

[browncoat]

Not over at all. There are still right to carry cases in the pipeline.

We just need to hope for a couple of retirements before they hit i guess. RBG is getting up there but i don't see her retiring with trump in office.

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[bigblue]

We just need to hope for a couple of retirements before they hit i guess. RBG is getting up there but i don't see her retiring with trump in office.

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Then it is in God's hands.

 

[BarnB]

Kennedy mulling retirement.

http://www.newsweek.com/anthony-kennedy-supreme-court-retirement-628842

 

[browncoat]

Then it is in God's hands.

God works on timescales that bother me.

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[browncoat]

Kennedy mulling retirement.

http://www.newsweek.com/anthony-kennedy-supreme-court-retirement-628842

I hope that goes from mulling to actuality promptly... and also that his replacement is better on rights than trumps last appointee.

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[bigblue]

God works on timescales that bother me.

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Well that's the point now isn't it?

 

[JohnZ]

Maybe when a case involves a right enumerated in the constitution, the bar for cert should be lower. Or maybe we should make them provide justification for not taking such cases.

It would be nice if we had people who might want to be appointed to the sc do (voluntary) votes before the sc does so we could more easily judge which of them are yahoos. It would be nice during the confirmation process to look back through someone's voting record to see which cases they would have taken.

 

[rivet_42]

Maybe waiting on a Kennedy and or Bryer/Ginsberg replacement? I get the feeling Roberts is wobly and they didn't want to chance it on him and Kennedy.

I think this is exactly what happened. Kennedy could definitely go either way on this. Maybe the other pro-2A Justices felt it was better to wait, thinking that Trump might get a second SCOTUS pick. It's not like we're not going to see cases like this again in the future. Isn't there a circuit split on this? Usually a circuit split almost guarantees that SCOTUS will hear a case in order to resolve the split.

 

[Dadstoys]

Who voted against hearing it? The FoxNews article said two of the women said they'd hear it. Thomas and Gorsuch would have heard it, so the other 5 said no? Weird.

Roberts is bad news.

I'm sure the pictures of him with a live boy or a dead hooker are still around from when he ruled on Obamacare

 

[terraformer]

Maybe waiting on a Kennedy and or Bryer/Ginsberg replacement? I get the feeling Roberts is wobly and they didn't want to chance it on him and Kennedy.

This. Kennedy is likely retiring. There is a risk to take this case without affirmative knowledge about who is replacing him.

 

[StevieP]

Seems to me San Diego County needs a new Sheriff.

That would fix a lot of crap. Hawaii issuing ZERO carry licenses is a problem. The 9th Circuit is pretty shitty.

 

[Garys]

No retirements announced yesterday. I think you're right. Granting cert to Peruta might well have resulted in a 5-4 opinion that we would absolutely hate. On more reliably conservative Justice is needed.

BTW, for those who doubt Gorsuch, look at his other actions yesterday. Agreed with Thomas on Peruta and the immigration decision. Sided with the majority in the MO playground case. He looks to have a philosophy along the lines of Justice Thomas.

This. Kennedy is likely retiring. There is a risk to take this case without affirmative knowledge about who is replacing him.

 

[MachineHead]

If we can get a Justice Hardiman in there, 2A cases will very likely be won for the pro2A people.

 

[Chevy 2 65]

Seems to me San Diego County needs a new Sheriff.

That would fix a lot of crap. Hawaii issuing ZERO carry licenses is a problem. The 9th Circuit is pretty shitty.

The 9th circuit is against freedom and liberty. The united states will one day be in the same boat, if not worse than the UK

 

[FrugalFannie]

The good news is that Gorsuch is the real deal.

Based on one dissent?!

 

[rogues]

Based on one dissent?!

Of course not. What he wrote on the Santander case regarding the role of the courts vs the role of Congress, along with this, and it's consistency with what he said regarding the role of the courts in his hearings all have to be taken into account. Taken together, along with other recent positions, helps. Maybe you didn't follow the other cases. In Santander he wrote "While it is of course our job to apply faithfully the law Congress has written, it is never our job to rewrite a constitutionally valid statutory text under the banner of speculation about what Congress might have done had it faced the question that, on everyone’s account, it never faced. The proper role of the judiciary is to apply, not amend, the work of the People’s representatives.”. That would have been nice to have seen applied to the ACA.

 

[Rob Boudrie]

Just think off how bad it would be of the Gorsuch seat was occupied by a Clintonian, and we had the prospect of retirement seats being filled by the Hildebeast.

When the NRA comes knocking in 2020 for "the most important election of our lifetime", I'll them that was back in 2016.

 

[Picton]

Yes. She'd have filled at least two seats by now: the vacancy of course, and then RBG would have retired the day after the inauguration.

Dodged a YUUGE bullet last November.

 

[VetteGirlMA]

Just think off how bad it would be of the Gorsuch seat was occupied by a Clintonian, and we had the prospect of retirement seats being filled by the Hildebeast.

When the NRA comes knocking in 2020 for "the most important election of our lifetime", I'll them that was back in 2016.

If somehow Ginsburg doesn't kick the bucket any time soon, then maybe 2020 might be in play again. I think flipping the court seat back to some sense of normalcy would be a great thing.

 

[Admin]

Well that's the point now isn't it?

We should probably ship RBG a yuuuuuge care package of cured bacon.

 

[Mr. Brownstone]

We should probably ship RBG a yuuuuuge care package of cured bacon.

I want soo badly to be the one to start the "Ruth Bader Ginsberg won't be down for breakfast" mega-thread! And I would really like to do it prior to midterms.

 

[bigblue]

We should probably ship RBG a yuuuuuge care package of cured bacon.

That better be laced with something. Something strong enough to kill a mongoose dipped in formaldehyde.

 

[Admin]

That better be laced with something. Something strong enough to kill a mongoose dipped in formaldehyde.

Pelosi? I thought we were taking care of RBG.

 

[bigblue]

That bitch is a straight up viper.

 

[Mr. Brownstone]

Pelosi? I thought we were taking care of RBG.

Can't we have both?