W2D
Ultimate Member
Because they would be shunned by the cocktail party circuit?
J/k. Sort of.
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Supreme Court Takes Major NRA Second Amendment Case from New York
- Thread starter Bigfoot21075
- Start date
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Because they would be shunned by the cocktail party circuit?
J/k. Sort of.
Sent from my iPhone using Tapatalk Pro
Thomas. I hope Thomas.
delaware_export
Ultimate Member
- Apr 10, 2018
- 3,210
That would be interesting.
Based on previous comments, thomas would probably write a pretty hard core ruling.
Figure he would only be addressing it to the 5th judge in a majority. The same for whoever writes it. Or so I’ve i believe based in what legal folks here have said.
I think the 5th judge of the majority will write it. To temper it, splitting the uprights between the other 8.
Thomas would be blistering, any of the libturds would be blister in the other direction.
The “centerist” swinger will have to do it.
Unless 5 just get totally ticked off at the other 4.
But whaddu I know? I sure ain’t no lawyer.
Based on previous comments, thomas would probably write a pretty hard core ruling.
Figure he would only be addressing it to the 5th judge in a majority. The same for whoever writes it. Or so I’ve i believe based in what legal folks here have said.
I think the 5th judge of the majority will write it. To temper it, splitting the uprights between the other 8.
Thomas would be blistering, any of the libturds would be blister in the other direction.
The “centerist” swinger will have to do it.
Unless 5 just get totally ticked off at the other 4.
But whaddu I know? I sure ain’t no lawyer.
Maybe that's why Sotomayor has been so triggered the last few weeks.
I sincerely hope Thomas doesn’t end up writing the dissent.
If they wait until the end of the term to rule on this case... And if that ends up being too narrow to address the cases being held... Can any of those other cases be held over for the next term? What happens to them.
I don't think there's any rule that they can't. Some of the cases being held now went to conference last term.
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
Cases that have not been denied by the end of the term continue to the next term.
They recently issued a per curium/GVR over a case that reached SCOTUS in 2018 and was relisted 15 times. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-921.html
At least four 2A cases are being held from last term. https://comm2a.org/ot2019/
A Thomas dissent would be because the case is ruled moot. Even Ginsburg seemed to indicate the original law was unconstitutional.
The end of the term seems to be held for the blockbuster cases. I just don’t see an opinion on the mootness doctrine held until then.
delaware_export
Ultimate Member
- Apr 10, 2018
- 3,210
Lawyer folks: in a non-moot decision:
who do you see writing the majority? Dissent?
If pro 2a?
If anti 2a?
who do you see writing the majority? Dissent?
If pro 2a?
If anti 2a?
Not a lawyer. But if it's NOT moot, I cannot fathom a truly anti-2a ruling in this case. Worst (if not mooted) would be a very narrow ruling in favor of NT transport restrictions being lifted more assertively than the city/state's panicky recent moot-seeking preemptive change to the law. And (again assuming no mootness), we can only go better from there on that ruling. A ruling against the plaintiffs on the merits seems pretty much inconceivable.
Thomas feels pretty strongly about this topic. Maybe too strongly, from Roberts' perspective. Maybe a chance for him to ask Gorsuch to write a majority opinion that will show the public that that crazy western state redneck is a reasonable guy. In a dissent? I can see Sotomayor trying really hard to get to write a scathing progressive position on the unconstitutionality of the constitution.
wjackcooper
Active Member
- Feb 9, 2011
- 689
“In my view, Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.” Judge (now Justice) Kavanaugh dissenting in Heller 11, Oct. 4th 2011.
If not Thomas, then Kavanaugh, I hope.
Regards
Jack
If not Thomas, then Kavanaugh, I hope.
Regards
Jack
Someone needs to tell him the distillation tube needs to be above the liquid. All you're getting out of that setup is warmed-over ignorance.
- Apr 26, 2012
- 5,289
Someone needs to tell him the distillation tube needs to be above the liquid. All you're getting out of that setup is warmed-over ignorance.
Good catch... most wouldn't.
Kharn
Ultimate Member
The CJ picks for the majority or the dissent, whichever he is on, but it isn't random. The goal is to spread the majority opinion load evenly each month, thankfully half the cases on the merits docket are 9-0 or 8-1 slam dunks so it is usually easy to get close to the desired outcome.
Mike OTDP
Ultimate Member
- Feb 12, 2008
- 3,324
I think that Thomas wants, very much, to write a definitive 2A decision. He knows that the opinion that Scalia will be remembered for is Heller. Beside that, everything else is trivial. And Thomas will cheerfully take on the task of writing the decision that builds on the foundations laid down in Heller, because it will be studied for the next century.
DanGuy48
Ultimate Member
Regarding the last link in post #1328 (https://comm2a.org/ot2019/) a number of the cases say “not relisted”. Is that any cause for concern or is it just the status of things at this moment in time? I ask after reading this article.
https://www.cocklelegalbriefs.com/blog/supreme-court/relist-requisite-certiorari/
https://www.cocklelegalbriefs.com/blog/supreme-court/relist-requisite-certiorari/
danb
dont be a dumbass
Just the status of things. They are being held until we see something on NYSRPA.
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