Supreme Court - NYSRPA v. Bruen - Megathread

[Dennis in MA]

Another sterling day for the 1st circuit court of appeals and Massachusetts district court. District court rules for Boston, appeals court rules 3-0 for Boston, SCOTUS reverses 9-0. The 1st circuit is a clown show. They are routinely reversed by SCOTUS, often 9-0. The best is when that asshat Souter is in the 3-0 circuit court ruling and his former court slaps him silly. Shows what a terrible, out of touch justice he was

https://www.scotusblog.com/wp-content/uploads/2022/05/20-1800.pdf

You know you're out of touch with reality when the Supreme's hand you a 9-0 defeat.

This is on par with Scalia siding with the majority (8-0) on the Flynt case. Freaking straight-laced Scalia standing up for Larry Flynt. That's how clear things were in that case AND this one. The fact that it had to get there has to be a wake-up call to the NoCommonSense of Massachusetts as well as numerous appeals courts that struck this down erroneously based on their damned FEELINGS.

Nine-freaking-zip. You can't get more obvious than that. You can't come back 8 years later and say, "Well, they didn't put a comma here and there's a semicolon over there so it must be ambiguous." Nope. Sorry. NINE-ZERO!

 

[Waher]

Nine-freaking-zip. You can't get more obvious than that. You can't come back 8 years later and say, "Well, they didn't put a comma here and there's a semicolon over there so it must be ambiguous." Nope. Sorry. NINE-ZERO!

Well the Supreme Judicial Court of the Commonwealth did pull that shit in response to Caetano_v._Massachusetts.

 

[Rob Boudrie]

Well the Supreme Judicial Marsupial Court of the Commonwealth did pull that shit in response to Caetano_v._Massachusetts.

FIFY.

Most of the time the fix is in - just look at Commonweanth v. Davis (1976) grabbed Sua Sponte to clarify there is no right to keep and bear arms in MA in preparation for the handgun ban referendum; Commonwealth v. Cornelius where the court decided that "high cap firearms " were not included under the new resident license exclusion for firearms; Chardin v. Boston where the court decided juvenile records for things that would be felonies for adults are lifetime disqualifiers in MA.

As to "no comma here", it's not a gun case but there was a very interesting "no comma here" case:

Oxford Comma Dispute Is Settled as Maine Drivers Get $5 Million (Published 2018)

And state lawmakers have dispensed with commas altogether in the relevant provision of the law.

www.nytimes.com

 

[SFC13557]

Liberals will always overreach because they don't respect laws they disagree with and when they lose they freak out and call us Fascists. They are radicals brainwashed by effeminate liberal arts Professors in colleges who never worked a day in their lives and look down their noses at the unwashed which is US. Barry is a perfect example of their attitudes and beliefs, he was their great Black hope. Remember his slogan, he was elected to fundamentally "CHANGE" America because they believe America is a racist country and most of it's citizens are irredeemable. The idea for Dementia Joe's office of "Disinformation" or DGB came from Barry and his acolytes.

 

[Drix]

Given the recent Rowe v Wade developments, I'm rather intrigued on how this'll turn out. I didn't have high hopes, but it appears Scotus has developed a backbone of some sort.

 

[Hoover]

SCOTUS divides up decision writing with all cases, especially the big ones. If There are 5 in favor of overturning roe in the Dobbs case and Roberts isn’t in the 5, the most senior justice in the 5 chooses who writes the majority opinion. Thomas is the most senior on the court (chief is the top position regardless of seniority). If he assigned it to Alito that may mean Thomas will write the NYSRPA.

That’s pure speculation because the opinion needs to hold at least 5 justices in the majority opinion and if @ few are soft, Roberts may be part of a 6-3 or 7-2 court and write the opinion himself.

I definitely think Thomas wants to write it if given the chance, he and Alito have been ripping lower court ruling since heller and McDonald. He has some I feeling to air and dictates courts must follow going forward.

Pure speculation, I hope I’m right lol.

 

[Hoover]

Given the recent Rowe v Wade developments, I'm rather intrigued on how this'll turn out. I didn't have high hopes, but it appears Scotus has developed a backbone of some sort.

When it was 4-4 with Kennedy on the court, justices didn’t trust Kennedy would hold firm. They didn’t want a bad decision to become precedent. When Kennedy was gone, Roberts was seen as soft and not wanting to risk bad press. Now there are reliable votes for these issues so they don’t see a downside risk in taking up a case.


This Dobbs case is obviously a gut punch to the commies. There is still the NYSRPa and a climate change case this term. Next term they have already accepted an affirmative action in college admissions case (Asian students vs Harvard and students vs University of NC. Roberts has not been soft on affirmative action, he consistently rules it’s unconstitutional. So affirmative action is likely to fall by june 2023 and there are AWB and magazine limit cases on hold at SCOTUS pending the NYSRPA ruling, so they may take one of those cases. Most likely they’ll send them back to a lower court with instructions aka you screwed up, reverse your ruling.

 

[Dennis in MA]

Liberals will always overreach because they don't respect laws they disagree with and when they lose they freak out and call us Fascists. They are radicals brainwashed by effeminate liberal arts Professors in colleges who never worked a day in their lives and look down their noses at the unwashed which is US. Barry is a perfect example of their attitudes and beliefs, he was their great Black hope. Remember his slogan, he was elected to fundamentally "CHANGE" America because they believe America is a racist country and most of it's citizens are irredeemable. The idea for Dementia Joe's office of "Disinformation" or DGB came from Barry and his acolytes.

They lack a simple thing called INTEGRITY!

Now, many conservatives lack it as well. But by-and-large, your far right has a shit-ton more integrity than the far-left.

Far left liberals believe so much they are right, ANY action is justified by their righteous ideal. Ironically, it's that exact concept they often rail against. LOL

In this, they continue, 36 hours later, to frame this whole debate on banning a choice. Nope. Read it again, Fat Sally. The decision says it's a STATE issue because it's a medical thing and medical things are state issues. You don't have a Constitutional right or lack of right to an abortion.

I did see one "if you don't have a uterus you can't participate in this debate" post on FB this AM. Oh if that were only true. Imagine if THAT table was turned on women. "OK, we won't debate abortion. But every other men-only situation in the country - you no longer have any say - sit down and shut up."

Nope. They want it both ways - a lack of integrity.

 

[SFC13557]

"In this, they continue, 36 hours later, to frame this whole debate on banning a choice. Nope. Read it again, Fat Sally. The decision says it's a STATE issue because it's a medical thing and medical things are state issues. You don't have a Constitutional right or lack of right to an abortion."

Also the Courts don't make law, they enforce/interpret the law. The Legislature makes laws so the whole Roe vs Wade decision was illegitimate according to legal pundits. The liberal DB's were out protesting in downtown Maynard and along Rt 117 in Stowe. I picked my grandkids up at daycare in Hudson and drove to McDonalds in Maynard for Happy Meal Tuesdays. I asked DB's in Maynard if they supported vax mandates and mask mandates since their signs said "My body, my choice" and they screamed nonsense and then I asked them if they would have killed my grandkids and they freaked. The DB's in Stow had the same signs and I told them if they were pregnant it wasn't just their body. They're so stupid and brainwashed.

 

[Rob Boudrie]

"In this, they continue, 36 hours later, to frame this whole debate on banning a choice. Nope. Read it again, Fat Sally. The decision says it's a STATE issue because it's a medical thing and medical things are state issue

You mean like how the states are allowed to decide if heroin has legitimate medical use in certain situations
Or how treatments to need to be FDA approved; granted an EUA or compassionate use authorization?
And what of medical devices requiring Federal approval (FDA again)?

 

[LTCRN]

When is the post title case result going to get leaked or do we have to wait and wait?

 

[dans]

You mean like how the states are allowed to decide if heroin has legitimate medical use in certain situations
Or how treatments to need to be FDA approved; granted an EUA or compassionate use authorization?
And what of medical devices requiring Federal approval (FDA again)?

The Constitution says something (and I’m paraphrasing) the powers not given to the federal gov are reserved for the states and the people. I find it distressing that the powers almost always stop at the states.

 

[AHM]

Also the Courts don't make law, they enforce/interpret the law. The Legislature makes laws ...

Case law - Wikipedia

en.wikipedia.org

The Constitution says something (and I’m paraphrasing) the powers not given to the federal gov are reserved for the states and the people. I find it distressing that the powers almost always stop at the states.

Strangely, the states don't find that distressing.

 

[Hoover]

When is the post title case result going to get leaked or do we have to wait and wait?

Term ends at the end of June. Most controversial cases like abortion, 2A etc are published the last two weeks of the term

 

[Tartakovsky]

The Constitution says something (and I’m paraphrasing) the powers not given to the federal gov are reserved for the states and the people. I find it distressing that the powers almost always stop at the states.

Stop quoting that pesky 10th amendment -

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Today's liberal meltdown over SCOTUS overturning Roe v Wade and Casey shows how ignorant liberals really are, and don't understand that SCOTUS isn't prohibiting abortions, they're ruling that federal courts have blatantly violated the tenth amendment and violated states' power. Liberals have expected FOREVER that eventually SCOTUS would overturn Roe and Casey because deep down, they knew both precedents were unconstitutional. The Biden admin played chicken with SCOTUS which was stupid given the 6/3 majority and lost. Healthcare has always been regulated by states, like elections, marriage laws, etc, and even liberals consider abortion and reproductive rights healthcare-related.

 

[jasons]

The Biden admin played chicken with SCOTUS which was stupid given the 6/3 majority and lost.

They wanted to lose to fire up their base for midterms. Never let a crisis go to waste, even if you have to manufacture the crisis.

 

[Tartakovsky]

They wanted to lose to fire up their base for midterms. Never let a crisis go to waste, even if you have to manufacture the crisis.

Agree, but Manchin said it best. The state of the economy is a much more pressing issue for voters than federal courts handing abortion rights back to the states. They may have riled their base, but they've riled the rest of people that don't want to tolerate the left's tantrum and using intimidation tactics on SCOTUS. This is 100% a desperate distraction to take attention off the democrats' failing policies and they're SO bad, people aren't going to forget. Its ignorant to assume 100m women are pro abortion. Many of them are pro-life. No one is forgetting ridiculous, 40 year high inflation, a tanking market, anemic wage growth and a thirty trillion dollar national debt.

 

[safetyfirst2125]

They wanted to lose to fire up their base for midterms. Never let a crisis go to waste, even if you have to manufacture the crisis.

I guess it’s better this than another fake insurrection

 

[LittleCalm]

I’ve been quite surprised at the low level of reaction by people. No big marches or anything. Am I just out of touch and not paying attention?

 

[Dennis in MA]

The Left is all marched out. And I think the majority of even their "base" understands that this was a bad ruling to begin with and it was due to change.

 

[1903Collector]

Every time this gets bumped my BP ticks up a couple points!

 

[Hoover]

They wanted to lose to fire up their base for midterms. Never let a crisis go to waste, even if you have to manufacture the crisis.

The biden administration wasn’t a direct party to this lawsuit. The case involves an abortion clinic in Jackson Mississippi and the Mississippi AG defending the Mississippi law. The solicitor general for the biden administration was asked to submit a brief and argue it with the abortion group.

They absolutely did not want to lose the case.

 

[HorizontalHunter]

I’ve been quite surprised at the low level of reaction by people. No big marches or anything. Am I just out of touch and not paying attention?

Don’t worry. It will pick up. We are just coming into riot season.

 

[Hoover]

I’ve been quite surprised at the low level of reaction by people. No big marches or anything. Am I just out of touch and not paying attention?

No. The campaign contributions have barely increased and the morning news shows have already moved on. The hype about this is definitely far beyond reality.

 

[fshalor]

Stop quoting that pesky 10th amendment -

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Today's liberal meltdown over SCOTUS overturning Roe v Wade and Casey shows how ignorant liberals really are, and don't understand that SCOTUS isn't prohibiting abortions, they're ruling that federal courts have blatantly violated the tenth amendment and violated states' power. Liberals have expected FOREVER that eventually SCOTUS would overturn Roe and Casey because deep down, they knew both precedents were unconstitutional. The Biden admin played chicken with SCOTUS which was stupid given the 6/3 majority and lost. Healthcare has always been regulated by states, like elections, marriage laws, etc, and even liberals consider abortion and reproductive rights healthcare-related.

The "or to the people" line is always forgotten.

 

[ridleyman]

"In this, they continue, 36 hours later, to frame this whole debate on banning a choice. Nope. Read it again, Fat Sally. The decision says it's a STATE issue because it's a medical thing and medical things are state issues. You don't have a Constitutional right or lack of right to an abortion."

Also the Courts don't make law, they enforce/interpret the law. The Legislature makes laws so the whole Roe vs Wade decision was illegitimate according to legal pundits. The liberal DB's were out protesting in downtown Maynard and along Rt 117 in Stowe. I picked my grandkids up at daycare in Hudson and drove to McDonalds in Maynard for Happy Meal Tuesdays. I asked DB's in Maynard if they supported vax mandates and mask mandates since their signs said "My body, my choice" and they screamed nonsense and then I asked them if they would have killed my grandkids and they freaked. The DB's in Stow had the same signs and I told them if they were pregnant it wasn't just their body. They're so stupid and brainwashed.

Yeah, left wingers like that are maniacal ideologues, and they're dangerous because they're always mad and irrational. They have committed much more violence than anybody on the right. As much as I want to try to educate them, I realize it's a fool's game because they can't be reasoned with unless they're tied to a chair, muzzled, and sedated while you calmly present the facts in a sequential and logical manner.

 

[ridleyman]

The Left is all marched out. And I think the majority of even their "base" understands that this was a bad ruling to begin with and it was due to change.

Wrong, the left is incapable of understanding. They scream and regurgitate what they have been brainwashed by CNN, NYT, etc over the years, but they don't have an independent thought of their own. It amazes me how much damage owners and editors of media have done to this country over the years. They are just above child molesters and ax murderers on the hierarchy of righteousness.

 

[Dennis in MA]

I'll agree with that. But you're talking the 10% that is far-Left. Most of the "Left" in the past is real centrist. And they aren't marching. They're marched out. From Occupado de la Estrada de Pared to P-hat Parade to BLM to Antifa to NoPoliceNoPeace - they're all marched out. In fact, there are a lot of marchers who are wondering WTF they were doing. Screw me once, shame on you. Screw me twice, well, maybe I'm a bit thick. Screw me a 3rd time. . . hey wait a second - maybe EVERYHTING you say is a lie!

That's not good for the Left.

 

[Malodave]

The "or to the people" line is always forgotten.

The People created the sStates, Then delegated certain powers to it, The States could only re-delegate that power to the Federal Government.

Malodave

 

[Hoover]

I'll agree with that. But you're talking the 10% that is far-Left. Most of the "Left" in the past is real centrist. And they aren't marching. They're marched out. From Occupado de la Estrada de Pared to P-hat Parade to BLM to Antifa to NoPoliceNoPeace - they're all marched out. In fact, there are a lot of marchers who are wondering WTF they were doing. Screw me once, shame on you. Screw me twice, well, maybe I'm a bit thick. Screw me a 3rd time. . . hey wait a second - maybe EVERYHTING you say is a lie!

That's not good for the Left.

The dem part has been hijacked by the far left and the leaders of the dem party are terrified of those loon. 10 years ago the savior of the country and dem party, the sainted Obama, was against gay marriage.

Now the loudest voices in the dem party and the leadership are ok with 5 yr old transgender kids, puberty blockers to kids, guys who “identify “ as a girl dominating woman sports, abortion on demand up to the millisecond before birth, defunding police, etc.

The dem party is controlled by a lunatic fringe. Bernie sander was a loon to the dem leaders 10 years ago and now they all take his positions on issues.