NYC CCW case is at SCOTUS!

[smkranz]

Rap, is what I got in the mouth from my dad when I misbehaved

I literally have no idea what Snoop diggity dogg is.

I'm a Crew (Cracker-Jew)

Get with the lingo, man!

 

[Inigoes]

Dear Santa,

Scrutiny... strick Scrutiny or the equivalent.


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Sent from my SM-G781U using Tapatalk

Christmas in July is coming!

 

[Allen65]

Dear Santa,

Scrutiny... strick Scrutiny or the equivalent.


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Sent from my SM-G781U using Tapatalk

I'm also hoping Thomas gives a huge smackdown to lower courts that have been applying the Heller dissents as if they were the majority opinion.

 

[redsandman6]

I'm also hoping Thomas gives a huge smackdown to lower courts that have been applying the Heller dissents as if they were the majority opinion.

who decides how narrow or wide the opinion is? is it just the judge who writes the opinion or do the agreeing judges have to all agree?

 

[DC-W]

who decides how narrow or wide the opinion is? is it just the judge who writes the opinion or do the agreeing judges have to all agree?

The majority opinion is joined by enough Justices who agree with it.
Scalia allegedly made concessions in Heller to get Kennedy to stay with the majority.

 

[DC-W]

SCOTUS opinion days next Tuesday and Thursday.

 

[FrankZ]

SCOTUS opinion days next Tuesday and Thursday.

Thank you

 

[INMY01TA]

SCOTUS opinion days next Tuesday and Thursday.

Thursday’s the end of the line right? We’ll know by then?

 

[DC-W]

Thursday’s the end of the line right? We’ll know by then?

SCOTUS typically wraps up by the end of June, as has been their tradition (not a hard rule) but could go into July as they did last year. We have fun looking at what they release on opinion days, but I still expect this opinion to be among their last of the term. @Texasgrillchef has a good shot at being right on 6/23 though. We'll see!

 

[KingClown]

Would be great if they released the opinion July 4th. It can be independence day 2.0

 

[Texasgrillchef]

Do you have any recommendations on grills?

who decides how narrow or wide the opinion is? is it just the judge who writes the opinion or do the agreeing judges have to all agree?

Well whoever writes the Majority opinion is who makes the original determination. However, he/she must make sure that they have at least 4 other justices agree with them. Although they don’t have to agree in full.

Thats where we get Justices who issue their own opinion which agrees in part and dissents in part.

Thus, all you need is 4 other justices to agree to all the other parts. But they don’t all have to be the same justices.

Example… Justice Thomas writes a 2 part opinion. Gorsuch, Alito and Kavanaugh all concur on parts 1 and 2. Thus 4 votes for both parts.

Roberts concurs on part one but dissents on part two. This gives part 1 5 votes. Barrett concurs on part two but dissents on part 1. This still gives part 2 5 votes. Thus they have a 5-4 ruling on part one and a 5-4 ruling On part 2.

This has happened on multiple occasions with multiple opinions.

As I have said in my earlier post. I think there will be Three parts. part 1 will get a 6-3 ruling and the other two parts will get A 5-4 ruling.

 

[Texasgrillchef]

SCOTUS typically wraps up by the end of June, as has been their tradition (not a hard rule) but could go into July as they did last year. We have fun looking at what they release on opinion days, but I still expect this opinion to be among their last of the term. @Texasgrillchef has a good shot at being right on 6/23 though. We'll see!

We could still get one or two opinion days in the last week of June 27-30/. July 1. I suspect we will have two more opinion days that week as well, maybe June 27, and June 29.

I highly doubt we will get all 18 opinions that we have left released next week. (Tuesday, Thursday) I suspect we will get 8-10 opinions released with the balance released the following week.

Keep in my they have an orders release day of June 27th as well.

I still suspect NYSPRA will be released next Tuesday or aThursday though. Probably more then likely on Thursday. The four cases on hold will be released between June 23rd and June 27th. However probably on June 27th.

The four cases on hold are Young, Duncan, ANJRPC, & Bianchi

 

[pcfixer]

Well whoever writes the Majority opinion is who makes the original determination. However, he/she must make sure that they have at least 4 other justices agree with them. Although they don’t have to agree in full.

Thats where we get Justices who issue their own opinion which agrees in part and dissents in part.

Thus, all you need is 4 other justices to agree to all the other parts. But they don’t all have to be the same justices.

Example… Justice Thomas writes a 2 part opinion. Gorsuch, Alito and Kavanaugh all concur on parts 1 and 2. Thus 4 votes for both parts.

Roberts concurs on part one but dissents on part two. This gives part 1 5 votes. Barrett concurs on part two but dissents on part 1. This still gives part 2 5 votes. Thus they have a 5-4 ruling on part one and a 5-4 ruling On part 2.

This has happened on multiple occasions with multiple opinions.

As I have said in my earlier post. I think there will be Three parts. part 1 will get a 6-3 ruling and the other two parts will get A 5-4 ruling.

Wow. I think you have been watching to many Johnny Carson "Carnac" segments! LOL

 

[Rabu Rabu]

We could still get one or two opinion days in the last week of June 27-30/. July 1. I suspect we will have two more opinion days that week as well, maybe June 27, and June 29.

I highly doubt we will get all 18 opinions that we have left released next week. (Tuesday, Thursday) I suspect we will get 8-10 opinions released with the balance released the following week.

Keep in my they have an orders release day of June 27th as well.

I still suspect NYSPRA will be released next Tuesday or aThursday though. Probably more then likely on Thursday. The four cases on hold will be released between June 23rd and June 27th. However probably on June 27th.

The four cases on hold are Young, Duncan, ANJRPC, & Bianchi

So; what exactly are we looking at with Bianchi assuming something in NYSRPA affects it? More court shenanigans with the new standard if any? I'm trying to get a handle on what we're looking at here.

 

[DC-W]

That’s been the running theory; that SCOTUS’s holding in NYSRPA will affect how 2A cases are to be handled by lower courts. Save for Mance v Barr and I think another dumped 2A case in this last decade or so, intermediate scrutiny has been used to uphold weapons bans, may-issue carry, and other restrictions over and over by lower courts. Question is what we get. Is tiered scrutiny still appropriate, albeit at the highest tier of strict scrutiny or are 2A restrictions to be analyzed against a backdrop of the text, history, and tradition (THT for this post) of the 2nd Amendment?

Petitioners advocated for THT in their briefs. Barrett and Kavanaugh both seem to think THT is the way. See their cases as circuit judges, Heller v DC II and Kanter v. Barr.

Strict Scrutiny

strict scrutiny

www.law.cornell.edu

This explains Text, History, Tradition

What "Text, History, and Tradition" Matter in Construing the Constitution?

The Supreme Court has long employed “text, history, and tradition” to determine the extent of, and exceptions to, certain constitutional rights, e.g., the right

papers.ssrn.com

 

[Boxcab]

Yes, yes, yes. We need the level of scrutiny established. This ruling needs to reach so much further then the NY case. The SCOTUS needs to put a line in the sand.




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[Allen65]

That’s been the running theory; that SCOTUS’s holding in NYSRPA will affect how 2A cases are to be handled by lower courts. Save for Mance v Barr and I think another dumped 2A case in this last decade or so, intermediate scrutiny has been used to uphold weapons bans, may-issue carry, and other restrictions over and over by lower courts. Question is what we get. Is tiered scrutiny still appropriate, albeit at the highest tier of strict scrutiny or are 2A restrictions to be analyzed against a backdrop of the text, history, and tradition (THT for this post) of the 2nd Amendment?

Petitioners advocated for THT in their briefs. Barrett and Kavanaugh both seem to think THT is the way. See their cases as circuit judges, Heller v DC II and Kanter v. Barr.

Strict Scrutiny

strict scrutiny

www.law.cornell.edu

This explains Text, History, Tradition

What "Text, History, and Tradition" Matter in Construing the Constitution?

The Supreme Court has long employed “text, history, and tradition” to determine the extent of, and exceptions to, certain constitutional rights, e.g., the right

papers.ssrn.com

How does THT solve anything, considering both sides of the 2A argument can't even agree on the meaning and implementation of the Statute of Northampton from 1328?

A supermajority of the judges in the 2nd, 9th, and a few other appellate courts seem to have a core belief that "Gunz are bad, m'kay", and anything that allows them any wiggle room will just continue the status quo unless SCOTUS starts smacking down every single decision that goes against NSYRPA's intent, which is impractical.

 

[FrankZ]

Yes, yes, yes. We need the level of scrutiny established. This ruling needs to reach so much further then the NY case. The SCOTUS needs to put a line in the sand.




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I think the only scrutiny for 2A is built in, shall not be infringed. Any other scrutiny implies the government interest is a factor and 2A is not about keeping the government safe.

That would be a heck of a line in the and for them to draw!

 

[Rabu Rabu]

That’s been the running theory; that SCOTUS’s holding in NYSRPA will affect how 2A cases are to be handled by lower courts. Save for Mance v Barr and I think another dumped 2A case in this last decade or so, intermediate scrutiny has been used to uphold weapons bans, may-issue carry, and other restrictions over and over by lower courts. Question is what we get. Is tiered scrutiny still appropriate, albeit at the highest tier of strict scrutiny or are 2A restrictions to be analyzed against a backdrop of the text, history, and tradition (THT for this post) of the 2nd Amendment?

Petitioners advocated for THT in their briefs. Barrett and Kavanaugh both seem to think THT is the way. See their cases as circuit judges, Heller v DC II and Kanter v. Barr.

Strict Scrutiny

strict scrutiny

www.law.cornell.edu

This explains Text, History, Tradition

What "Text, History, and Tradition" Matter in Construing the Constitution?

The Supreme Court has long employed “text, history, and tradition” to determine the extent of, and exceptions to, certain constitutional rights, e.g., the right

papers.ssrn.com

I want to be optimistic, but the last couple of months have put me in a constant negativity loop. I along with most of us here are likely uncomfortably aware the MGA will be coming full force next session, and I'm simply left questioning how anything would deter them with this case. But I suppose the answer is but a scant few weeks away.

 

[teratos]

I think the only scrutiny for 2A is built in, shall not be infringed.

That would be strict scrutiny…