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SCOTUS Grants Cert to a Gun Case! (NY State)

Discussion in 'General Discussion' started by soloman02, Jan 22, 2019.

  1. Alex9661

    Alex9661 NES Member

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    So you roll a grenade, then you pull the pin. I guess things change cause I'm pretty sure I was taught a different sequence.
     
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  2. hv55maxx

    hv55maxx NES Member

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  3. Knuckle Dragger

    Knuckle Dragger NES Member

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    The 9th Circuit just today vacated the Young v. Hawaii decision and is ordering rehearing en banc. It won't be SCOTUS ready until next term at the earliest. Rogers (petition submitted) and Gould (petition due April 1st) are rather along.
     
  4. T-Unit

    T-Unit

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    Which would be after strict scrutiny is applied and possibly when a successor to RGB is on the bench.

    Things look like they're shaping up to be like SCOTUS will rule open carry must be permitless nation wide.
     
  5. Knuckle Dragger

    Knuckle Dragger NES Member

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    We shouldn't get too hung up on the tiers of scrutiny paradigm. Scrutiny levels are an invention of the courts, they aren't the standard marker in every civil rights context, and a lot of judges have a problem with them. They're a convenient way to talk about what does and does not burden a constitutional right, but they're not the end-all. Don't be surprised if the Supreme Court takes a different approach to the Second Amendment.
     
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  6. Coyote33

    Coyote33

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    This is what I don't get. How can they interpret things a certain way 9 times, then suddenly differently on the 10th? What logic can they possibly use to justify this break in consistency?
     
  7. drgrant

    drgrant Moderator NES Member

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    I have a nice bridge to sell you if you actually believe that. They will contort themselves into a knot to have a narrow ruling.
     
  8. Knuckle Dragger

    Knuckle Dragger NES Member

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  9. Boston4567

    Boston4567 NES Member

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    There is a strong political consensus around the other rights, which allows for relatively consistent application of the tiers of scrutiny among judges across the political spectrum. That is not the case with the Second Amendment. It is also much more difficult and inherently political to apply balancing tests to 2A. No one denies the centrality of crime prevention to the government's legitimate purpose, so you have a heavy weight on the other side of the scale in any balancing test situation.

    We're better off with a text, history, and tradition analysis: https://scholarship.law.duke.edu/cg...ir=1&article=5763&context=faculty_scholarship
     
  10. AHM

    AHM NES Member

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  11. xtry51

    xtry51

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    They're still saying you must transport unloaded. It's effectively no change
     
  12. Dadstoys

    Dadstoys NES Member

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    That and "Conditions" on transport, whatever the hell that means.
     
  13. MaverickNH

    MaverickNH NES Member

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    Here’s the SCOTUS Docket page to track filings and briefs. Time to file amicus brief extended to Aug19 - one recent Mar19 is worth a read.

    Quotable bit: “At their heart, gun control regulations have always been about a fundamental mistrust of one’s fellow citizens to behave in a civilized way.”

    They wisely did not insert what I’m sure they wanted to say: “...mistrust of one’s fellow citizens [by the wealthy, elite ruling class] to behave in a civilized way [befitting their place in society].”

    Search - Supreme Court of the United States
     
    Last edited: Apr 14, 2019
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  14. Dadstoys

    Dadstoys NES Member

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    Or . "Do you know how hard it is to force your will onto people who can fight back ?"
     
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  15. Squire

    Squire NES Member

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    Left-wing Statist Regimes don't trust their Citizens because they need them to comply with the oppression in the name of the Greater Good.

    The only solution to the Constitutional Crisis over 2A is separate Countries. Everything that happens with SCOUTUS, State/Municipal ploicies, and Individual disobedience is just leading up to a Revolution and forming of a new Nation.

     
  16. ThePreBanMan

    ThePreBanMan

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    Don't worry, John Roberts will throw us under the bus and we'll continue on with business as usual.
     
  17. CatSnoutSoup

    CatSnoutSoup NES Member

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    If the Chief Justice runs out of Febreze and Trump notices Ruthie has been dead since last year then John's influence will be over...

    [​IMG]

    :emoji_tiger:
     
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  18. Coyote33

    Coyote33

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    What?
     
  19. AHM

    AHM NES Member

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    ^THIS.
     
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  20. KBCraig

    KBCraig NES Member

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    Short version: gun control only applies to those people, not good people like us.
     
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  21. AHM

    AHM NES Member

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    Slightly longer version,
    for the truthiness:
    Gun control only applies to
    the people that vote for us,
    and the people that don't vote for us -
    not the people that are us.​
     
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  22. PeterC

    PeterC NES Member

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  23. AHM

    AHM NES Member

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    Don’t expect this case to move quickly. The wheels of justice grind slowly, and that applies double for the Supreme Court.​

    Keep filing those motions, NY.
    You don't want that case heard by the current court.
    See if you can get it delayed until RBG checks out.
    Yeah; that's the ticket.


    Someone should troll Moonbat Nation -
    spread Fear, Uncertainty and Doubt about
    which cases in the pipeline will be heard
    after she's gone.
     
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  24. jpk

    jpk

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    I hope they keep the court chambers at a very chilly 34 degrees.....
     
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  25. CatSnoutSoup

    CatSnoutSoup NES Member

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    I am thinking by this point they have probably applied a couple coats of polyurethane, a nice understated semi-gloss, nothing to shiny I mean she is a supreme court justice after all.

    :emoji_tiger:
     
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  26. PeterC

    PeterC NES Member

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    Well, true that. However, it is *moving* and, so far, it's moving in a direction seemingly favorable to our side. We'll see.
     
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  27. Rob Boudrie

    Rob Boudrie NES Member

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    A danger is that SCOTUS will rule for us while adding additional verbiage like "nothing in this shall be construed as placing any limits on who may be granted a license to carry a gun outside the home".
     
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  28. CatSnoutSoup

    CatSnoutSoup NES Member

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    That would be unfortunate because while I don’t see the court saying that constitutional carry is the law of the land any time soon I do hope that sometime soon one of these cases results in “shall issue” being ruled the minimum standard.

    :emoji_tiger:
     
    Last edited: May 3, 2019
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  29. Waher

    Waher NES Member

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  30. xtry51

    xtry51

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    It's hard to imagine you need to write such a document. It should be sufficient to simply point at Heller.

    The problem with these cases is states and cities run by anti gunners can just pass 50-100 more laws in the time it takes to combat a single one through the system.

    The scrutiny system is f***ing absurd to boot. There's one f***ing test for a natural right. Does what your asking to do physically or financially harm another citizen? If the answer is no, you can't pass a law regulating or banning it.

    The design of the court system was a terrible travesty in the creation of this country. The assumption in court should always be the citizen is free to do as they please unless the state can produce a harmed citizen with a complaint that is provable AND the state cannot present itself as the victim.
     
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