Future SCOTUS Justice ACB now what in regards to 2A??

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    I would not be surprised if Roberts tries to make 2A rulings 6-3 and assign the ruling to himself should/when ACB join the Court.

    I think it would very much depend on the case should Thomas want to hold four other votes together for a 5-1-3 situation and turn Roberts' ruling into a concurring-in-the-judgement opinion rather than the majority.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    Roberts is...

    Well, as I see it:

    Obamacare, 1A religious closures, and deny cert on 2A.

    I would not be surprised if he'd allow the Chinese to quarter troops in American homes.
     

    boothdoc

    Ultimate Member
    MDS Supporter
    Mar 23, 2008
    5,133
    Frederick county
    Roberts has betrayed his oath to the bench by clearly making ruling for political reasons.

    I am so tired of people dying”it is the law” when clearly a lot of these laws are unconstitutional and highly illegitimate.

    We need to get this taught again in our schools so the future generations don’t fall further into the trap of political correctness and the liberal agenda
     

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    2,999
    Napolis-ish
    I would not be surprised if Roberts tries to make 2A rulings 6-3 and assign the ruling to himself should/when ACB join the Court.

    I think it would very much depend on the case should Thomas want to hold four other votes together for a 5-1-3 situation and turn Roberts' ruling into a concurring-in-the-judgement opinion rather than the majority.

    Kavanaugh most likely wouldn't let Roberts hang out there by himself, They are cut from similar cloths after all.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,319
    Roberts could try to write the ruling...but I think Justice Thomas might break his writing hand. Thomas clearly wants to write it - and by doing so, carve his name into the rock of American history. Not that this is a bad thing.
     

    babalou

    Ultimate Member
    MDS Supporter
    Aug 12, 2013
    16,020
    Glenelg
    because...

    Roberts could try to write the ruling...but I think Justice Thomas might break his writing hand. Thomas clearly wants to write it - and by doing so, carve his name into the rock of American history. Not that this is a bad thing.

    Because Thomas is THE MAN. I have been impressed with him ever since the hearings...
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    I guarantee you Roberts never said he would vote against 2A, if the leftists on the court thought they could count on Roberts' vote then 2A would now be a long-distant memory. I would be willing to bet he did come right out and tell the other 8 that he would vote against whichever group forced him to take a 2A case. Justice Barrett could well render Roberts moot for at least a while.

    I felt that way about Roberts letting it be known he would vote against whomever forced it, and stated that here at the time of NYSRPA, based on a) NYSRA plus b) the interplay of the decision by AGs of the may issue states seeming to push DC and Racine from forcing Wrenn/Grace up to SCOTUS. in 2017.

    But keep in mind the recent ones -- every one of them -- where our side's appeals against unfavorable lower court decisions, and attempts to get lower courts and state codes overturned.

    So the difference is, pardon the pun, moot.

    We had a bunch of unfavorable rulings, and now the likely we are going to see a whole bunch of anti-2A legislation with Bided/Warren White House and a Dem Senate, and based on what has been going on with Roberts I am guessing SCOTUS will not stand in the way of we cant get ACB on the bench or if we do, Biden doesn't pack the court, as he and the Dems certainly will (dems who have been against it in principle in the recent past are now all silent and dodging the question.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Ten cases but no cert. Four to grant but five to win, both sides knew they couldn't trust Roberts this is my guess at to how they knew.

    Both sides? The people criticizing the failure to grant cert were all from one side.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    I felt that way about Roberts letting it be known he would vote against whomever forced it, and stated that here at the time of NYSRPA, based on a) NYSRA plus b) the interplay of the decision by AGs of the may issue states seeming to push DC and Racine from forcing Wrenn/Grace up to SCOTUS. in 2017.

    But keep in mind the recent ones -- every one of them -- where our side's appeals against unfavorable lower court decisions, and attempts to get lower courts and state codes overturned.

    So the difference is, pardon the pun, moot.

    We had a bunch of unfavorable rulings, and now the likely we are going to see a whole bunch of anti-2A legislation with Bided/Warren White House and a Dem Senate, and based on what has been going on with Roberts I am guessing SCOTUS will not stand in the way of we cant get ACB on the bench or if we do, Biden doesn't pack the court, as he and the Dems certainly will (dems who have been against it in principle in the recent past are now all silent and dodging the question.
    Anyone who would vote revenge over COTUS interpretation is UNFIT for duty on the SCOTUS.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    This is example of Judge Barrett and 2A

    Oct 13, 11:56 am
    Durbin presses Barrett on gun rights, civic rights

    Sen. Dick Durbin, D-Ill., homed in on Barrett’s dissent in Kanter v. Barr, a gun rights case from 2019. Barrett was the lone dissenter when a Seventh Circuit panel majority rejected a Second Amendment challenge from a man, Ricky Kanter, found guilty of felony mail fraud and prohibited from possessing a gun under federal and Wisconsin law.

    Barrett argued non-violent felons shouldn’t be banned for life from gun ownership, writing in her dissent that the Second Amendment “confers an individual right, intimately connected with the natural right of self-defense and not limited to civic participation.”

    Knowing this, Durbin asked Barrett about the differentiation she made in Kanter between felon voting rights and gun ownership.

    “You are saying a felony should not disqualify Ricky [Kanter] from buying an AK-47 but using a felony conviction to deny them the right to vote is all right?” Durbin asked.

    Barrett answered confidently but provided little insight into what her Kanter decision might mean for future voting rights cases.

    “Senator, what I said was that the Constitution contemplates that states have the freedom to deprive felons of the right to vote. It is expressed in the constitutional text, but I expressed no view whether it was a good idea, whether states should do that. I didn’t explore in that opinion because it was completely irrelevant to what limits, if any, there might be on a state’s ability to curtail felon voting rights,” she said
     

    JMangle

    Handsome Engineer
    May 11, 2008
    816
    Mississippi
    4 if you count Caetano, which states the 2A extends outside the home. For some reason, everyone is ignoring it because it was a taser.

    I think because it really hasn't been used - at least not as much as it should have been.

    I think that she will be strong on the 2A. Likely because of her ideology, and if not it will be to stick it to the Democrats who want to dismantle the Constitution. These are the same Democrats who are going to try to smear her reputation in coming days.

    I thought Kavanaugh would strike back after they accused him of being a rapist based on zero evidence. I doubt Barrett will strike back if Kavanaugh and Thomas didn't after their trials by fire.

    It's pretty much a certainty they'll pass Raskin's AWB introduced in the House this year if the Dems hold House, Senate, and White House. But it might not take too long to get to SCOTUS in some form because it's almost certain someone will file for an injunction against enforcement immediately, and that will work its way up quickly, even if an actual decision on constitutionality of the statute takes years.

    Well, maybe the silver lining is putting a stake through the heart of "assault" weapon bans for a few decades.

    Hopefully Justice Breyer admits he's in the minority and retires. Trump can fill his seat next year. Second is looking stronger and stronger every day!

    Justice Barrett will be better on the 2nd than Ginsburg was!

    Wouldn't that make Breyer more likely to stay?

    But doesn't that then conflict with Miller?

    Miller was a travesty, and we haven't used it to our advantage - SBRs, Machine Guns, SBSs, Suppressors - they are all used in modern warfare, wouldn't Miller imply that we should be able to get them? The whole Miller case was claiming that they weren't valid weapons for militia service.

    Even more so, with Heller saying 2A isn't tied to Militia service, shouldn't Miller be dead in the water?

    Heller does not think so. In the Heller vernacular, the Miller court was trying to determine if the firearm in question was in common use. They found that the record did not support this conclusion, but the record did not rule it out either. They remanded the case for further development on the issue.

    Let's be honest, if the NFA wasn't a thing, every AR-15 sold would be full auto and come with a suppressor. The NFA and the '86 FA ban ensured that these items couldn't be in common use.

    Because Thomas is THE MAN. I have been impressed with him ever since the hearings...

    Read his book. It's a MUST read.
     

    Users who are viewing this thread

    Forum statistics

    Threads
    274,931
    Messages
    7,259,491
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom