Author Topic: After ruling in New York gun rights case, more Second Amendment cases set for Friday conference  (Read 665 times)

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Offline Elderberry

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SCOTUSblog by Amy Howe 4/28/2020

After ruling in New York gun rights case, more Second Amendment cases set for Friday conference

Yesterday the Supreme Court issued its long-awaited decision in a challenge to New York City’s ban on the transport of licensed handguns outside the city. Because the city had repealed the ban last summer, a majority on the court agreed with the city that the challengers’ original claims are moot – that is, no longer a live controversy. In a concurring opinion, Justice Brett Kavanaugh joined the majority in concluding that the case should go back to the lower court, but he also indicated that he shared the concern – expressed by Justice Samuel Alito in his dissenting opinion – that the lower courts “may not be properly applying” the Supreme Court’s most recent gun rights rulings, in District of Columbia v. Heller and McDonald v. City of Chicago. Therefore, Kavanaugh suggested, the Supreme Court “should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.” The court’s electronic docket reveals that Kavanaugh’s suggestion may come to fruition soon: By the end of the day yesterday, the Supreme Court had distributed for consideration at Friday’s conference 10 cases that had apparently been on hold for the New York case.

Several themes emerge from the cases that the justices will now review on Friday. The justices are being asked to weigh in on (among other things) whether and to what extent the Second Amendment protects the right to carry a handgun outside the home for self-defense, whether state and local governments can ban assault rifles and large-capacity magazines and whether the federal ban on interstate gun sales is unconstitutional. A full list of the 10 cases distributed for Friday’s conference, as well as a brief description of the question presented in each one, follows the jump.

We expect orders from Friday’s conference on Monday, May 4, at 9:30 a.m. EDT.

More: https://www.scotusblog.com/2020/04/after-ruling-in-new-york-gun-rights-case-more-second-amendment-cases-set-for-friday-conference/

Online Smokin Joe

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We live in interesting times...
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline Elderberry

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Supreme Court Dismisses New York Gun-Rights Case

Washington Free Beacon by Stephen Gutowski and Kevin Daley - April 27, 2020

The Supreme Court sidestepped its first significant Second Amendment case in a decade, dismissing on technical grounds a challenge to New York City’s now-defunct ban on residents transporting their licensed guns outside the city.

The Court's two-page decision was unsigned. Justice Samuel Alito dissented, joined by Justices Clarence Thomas and Neil Gorsuch.

Gun-rights activists said they were dismayed by the ruling but are ready to try again at the High Court. Alan Gottlieb of the Second Amendment Foundation told the Washington Free Beacon that he was undeterred by Monday's decision, saying the conservative justices are clearly interested in expanding Second Amendment rights. He said Justice Kavanaugh's concurrence suggested that lower courts have unduly restricted the Second Amendment in recent years.

"The Second Amendment Foundation currently has four cases pending before the Supreme Court," Gottlieb said. "We hope that one or all of these cases get heard and give notice to lower courts that they can no longer thumb their noses at the prior rulings that protect Second Amendment rights."

More: https://freebeacon.com/courts/supreme-court-dismisses-new-york-gun-rights-case/

Offline Cyber Liberty

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So, the SCOTUS punted on the NYC case, and took the easy way out by mooting the case.  Profile in Courage.
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Online Smokin Joe

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So, the SCOTUS punted on the NYC case, and took the easy way out by mooting the case.  Profile in Courage.
The ones soft on the 2nd were scarit that mebbe all of that stuff from '34 on might be seen as unconstitutional (which it is). Oh my. What that would do to the current scrum and scum like Newsom and others.

I know, wishful thinking.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis