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https://www.supremecourt.gov/o...s/061520zor_f2bh.pdf The link leads, in turn, to today's released SCOTUS orders. Thomas's dissent commences on page 33. | ||
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Big Stack |
Since Scalia died, they don't seem to care. Until we get at least one more pro-2A justice, don't expect any help from them. If Trump loses, and Biden gets to replace RBG and probably Breyer, the Status quo will be set for the next decade or more. | |||
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Member |
It is because Roberts can't be trusted to support the Second Amendment anymore. The fact that he voted with the 4 liberal justices that said it was OK for states to shut down/restrict churches due to Covid 19 health concerns regardless of the First Amendment was probably the final straw. The liberals argue all the time that more gun bans are needed due to public health concerns which is total bullshit but a lot of the public, governors, legislators, and judges go along with that - for the children you know. https://www.thegatewaypundit.c...t-assemble-pandemic/ https://www.thetruthaboutguns....ond-amendment-cases/ "We thus know that there are four very solid pro 2A justices on the Courtl Thomas, Alito, Gorsuch, and Kavanaugh. That being the case, why were all these cert petitions denied (it only takes four votes to grant cert)? The only reason I case see for the Court’s reluctance to take another Second Amendment case is that they now fear – or know – that Chief Justice Roberts has gone wobbly." Best bet IMHO for firearm owners at this point that value their Second Amendment Rights is to live in a solidly red state and one that looks like it will stay red for a long time. | |||
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Member |
I agree. I suspect they are waiting until RBG is replaced, and they will then take on these Second Amendment cases. No point in not getting a win, and a negative precedent resulting. -c1steve | |||
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Member |
It isn't what I wanted. I can see the reasoning. | |||
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Member |
Its not that they don't care, its that they are terrified of the issue. Numerous times recently Roberts has noted he doesn't want the court to take a lead role in lawmaking. The only thing left in the 2A to render an opinion on is "...the right of the people to keep and bear arms shall not be infringed". Not a whole lotta wiggle room on that one contrary to the commentary of the filth around us, and the minute SCOTUS rendered that phrase as meaning exactly what it says, hundreds of firearm laws nationwide would immediately fall into the crosshairs. Its fear and cowardice that keeps the court from going anywhere near 2A cases. And I'm not convinced the court will have any appetite at that point to take on core 2A cases. My bet, they'd continue to nibble around the edges of the issue while not going near its core. Courage is not something I associate with SCOTUS any longer. ----------------------------- Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter | |||
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Too old to run, too mean to quit! |
Sadly, I have to agree. It is easier for them to sit around and hypothesize about something that is absolutely clear than to accept the fact that 2A leaves no room for interpretation. Elk There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre. (Louis L'Amour) "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. " -Thomas Jefferson "America is great because she is good. If America ceases to be good, America will cease to be great." Alexis de Tocqueville FBHO!!! The Idaho Elk Hunter | |||
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Husband, Father, Aggie, all around good guy! |
I blame Roberts! He appears to blow in the wind. It is quite clear what the Framers intent was on the 2A. HK Ag | |||
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Member |
NOT that I am getting in on the right or wrong but... My current SCOTUS outlook is that they are laying the foundation for away around Roe. These 2a cases were all around giving the states the rights to limit but not ban 2a. This is a path for them to around Roe's precedent by saying it is a state not fed issue. You can also see this ground work in the concurs and dissents last term and this term. Again whether good, bad, or ugly is up to personal beliefs. | |||
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Member |
It appears to me that the conservative justices take turns on turning down 2A cases. That is one reason why I believe they are just shelving the issue until RBG is gone. -c1steve | |||
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Irksome Whirling Dervish |
This. | |||
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Big Stack |
Something will have to force there hand, like significantly diverging opinions from different circuits. Trump has been appointing a lot of conservative judges. Hopefully one or more of them will come down with an opinion that forces the SCOTUSes hand.
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The Whack-Job Whisperer |
BUT they had the time and inclination to take up the LGBT...Q....R..S..whatever, protection case. Priorities! Too bad their priorities are all screwed up. Just like 49% of the rest of the nation. Sad. Regards 18DAI 7+1 Rounds of hope and change | |||
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Left-Handed, NOT Left-Winged! |
Heller was a huge win and a stake in the ground for generations. Chicago and DC have repeatedly lost and had to give up on total bans, and now even Illinois has to allow concealed carry although it is not "shall issue" and more restrictive than other states. Scalia left open the possibility of "reasonable restrictions", probably so that NFA 1934, GCA 68, and the '86 and '89 new machine gun and import bans would not be automatically nullified. I was looking forward to the results of cases surrounding what restrictions are reasonable, to settle this once and for all. But, if SCOTUS rules that 10 round limits are "reasonable", then that gives a green light to any democrat controlled state, or god help us the federal government, if Trump loses and the senate is flipped, to reenact the '94 AWB. Of course, those were the same reasons the NRA didn't support the Heller case at first. Given the massive increase in gun sales at the beginning of the WuFlu shutdowns and now again during the riot scare, public sentiment for gun control is likely to decline. Perhaps they are waiting to see what happens, or perhaps they don't want this to be decided by a 5/4 vote. And the more AR's and Semi-Auto handguns are sold, the more "in common use" they become and the harder it will be to ban them as "fringe" or "non-sporting" or whatever the argument of the week is. | |||
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Member |
Illinois certainly is a shall issue state. | |||
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