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Posted: 5/5/2020 8:55:48 AM EST
[#1]
Quote HistoryOriginally Posted By JBowles: Doesn't look like any of the pending 2A cases had any mention in today's orders. Correct, their dockets will be updated today or tomorrow to show distributed for this Friday's conference ("relisted"). 1 relist is good, all cases to be granted cert receive at least one relist as of the last ~3 years 2 relists ok 3 iffy 4-5 sketchy 6+ almost certainly a dissent from denial of cert Kharn |
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Posted: 5/13/2020 11:30:17 AM EST
[#2]
https://sites.law.duke.edu/secondthoughts/2020/05/11/scotus-gun-watch-week-of-5-11-20/
SCOTUS Gun Watch Week of 5/11/20 The Court has now distributed the outstanding gun cases for its May 15 conference. That means we have 11 Second Amendment cases being discussed this Friday. We could hear next Monday morning, when the Court releases its order list, if the justices are inclined to take up one or more of these cases. There's no date by which they need to decide, however, so it's possible that they relist these cases to be discussed again at later conferences. It's a waiting game now. Mance v. Barr 5th Cir.19-Nov-18Federal ban on out-of-state handgun purchasesdistributed for15-May-20 conf. Rogers v. Grewal 3rd Cir.20-Dec-18NJ "may issue" public carry regimedistributed for 15-May-20 conf. Pena v. Horan 9th Cir.28-Dec-18California's Unsafe Handgun Act (microstamping, etc.)distributed for 15-May-20 conf. Gould v. Lipson 1st Cir.1-Apr-19MA "may issue" public carry regime (as implemented locally)distributed for 15-May-20 conf. Cheeseman v. PolilloN.J.28-June-19NJ "may issue" public carry regimedistributed for 15-May-20 conf. Ciolek v. New JerseyN.J.18-July-19NJ "may issue" public carry regimedistributed for 15-May-20 conf. Worman v. Healey1st Cir.23-Sep-19Ban on assault weapons and high-capacity magazinesdistributed for 15-May-20 conf. Malpasso v. Pallozzi4th Cir.26-Sep-19MD "may issue" public carry regimedistributed for 15-May-20 conf. Culp v. Raoul7th Cir.10-Oct-19IL refusal to grant carry permits to most non-residentsdistributed for 15-May-20 conf. Wilson v. Cook County, IL7th Circ.27-Nov-19Assault weapons and high-capacity magazine bandistributed for 15-May-20 conf. Beers v. Barr3rd Cir.9-Jan-20Unlawful possession of a firearm by a prohibited person (involuntarily committed)distributed for 15-May-20 conf. |
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Posted: 5/13/2020 12:19:38 PM EST
[#3]
Mance v. Barr 5th Cir.19-Nov-18 Federal ban on out-of-state handgun purchasesdistributed for15-May-20 conf.
Rogers v. Grewal 3rd Cir.20-Dec-18 NJ "may issue" public carry regimedistributed for 15-May-20 conf. Pena v. Horan 9th Cir.28-Dec-18 California's Unsafe Handgun Act (microstamping, etc.) distributed for 15-May-20 conf. Gould v. Lipson 1st Cir.1-Apr-19 MA "may issue" public carry regime (as implemented locally) distributed for 15-May-20 conf. Cheeseman v. PolilloN.J.28-June-19 NJ "may issue" public carry regime distributed for 15-May-20 conf. Ciolek v. New JerseyN.J.18-July-19 NJ "may issue" public carry regime distributed for 15-May-20 conf. Worman v. Healey1st Cir.23-Sep-19 Ban on assault weapons and high-capacity magazines distributed for 15-May-20 conf. Malpasso v. Pallozzi4th Cir.26-Sep-19 MD "may issue" public carry regime distributed for 15-May-20 conf. Culp v. Raoul7th Cir.10-Oct-19 IL refusal to grant carry permits to most non-residents distributed for 15-May-20 conf. Wilson v. Cook County, IL 7th Circ.27-Nov-19 Assault weapons and high-capacity magazine ban distributed for 15-May-20 conf. Beers v. Barr3rd Cir.9-Jan-20 Unlawful possession of a firearm by a prohibited person (involuntarily committed) distributed for 15-May-20 conf. How do these get ranked in order of likelihood of selection? And, how do these get ranked in order of importance to us? For me personally, the 2 AWB cases are highest on my wish list, followed by the three NJ may-issue cases. |
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Posted: 5/18/2020 8:58:19 AM EST
[#4]
Not today.
They did remand Beers V. Barr down telling the lower court to dismiss because of mootness. Dude gets committed as a teenager for depression, now as a healthy 30 something man is a prohibited person, and has no way to become unprohibited. The ATF approved PA's relief program 3 weeks after the circuit court released there opinion... sounds real familiar. |
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Posted: 5/18/2020 9:23:06 AM EST
[#5]
Quote HistoryQuoted: Not today. They did remand Beers V. Barr down telling the lower court to dismiss because of mootness. Dude gets committed as a teenager for depression, now as a healthy 30 something man is a prohibited person, and has no way to become unprohibited. The ATF approved PA's relief program 3 weeks after the circuit court released there opinion... sounds real familiar. |
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Posted: 5/18/2020 1:46:11 PM EST
[#6]
Cases relisted for 5/21 conference.
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Posted: 5/18/2020 7:10:39 PM EST
[#7]
Quote HistoryQuoted: Cases relisted for 5/21 conference. The next order list, where we'll find out if the Court has decided to hear a new case, is scheduled to come out on Tuesday, 5/26 (because Monday is a holiday). https://sites.law.duke.edu/secondthoughts/2020/05/18/scotus-gun-watch-week-of-5-18-20/ |
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Posted: 5/22/2020 1:17:36 PM EST
[#8]
Cases relisted for 5/28 conference
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Posted: 5/27/2020 4:55:00 PM EST
[#9]
Hoping for something good to happen tomorrow.
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Posted: 5/27/2020 4:56:26 PM EST
[#10]
Quote HistoryQuoted: Hoping for something good to happen tomorrow. Nothing good will happen with this court 
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Posted: 5/27/2020 4:59:04 PM EST
[#11]
Quote HistoryQuoted: Nothing good will happen with this court Quote HistoryQuoted: Quoted: Hoping for something good to happen tomorrow. Nothing good will happen with this court It's all about the courts, but "our judges" would never upset the apple cart. |
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Posted: 5/27/2020 9:55:10 PM EST
[#12]
Quote HistoryQuoted: Hoping for something good to happen tomorrow. Tomorrow is the conference. We may hear on June 1, but not tomorrow. |
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Posted: 5/28/2020 6:10:21 AM EST
[#13]
Quote HistoryQuoted: If they affirm that the second amendment is expanded beyond the home, what does that mean for the rest of us? For the 90% of politicians and LE organizations that don't care about the Constitution or legal precedents anyway, or the remaining 10% of us that actually give a shit? |
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Posted: 5/28/2020 12:26:20 PM EST
[#14]
Quote HistoryQuoted: Tomorrow is the conference. We may hear on June 1, but not tomorrow. You mean to tell me you don't have a way of getting advanced intel and sharing with us? 
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Posted: 5/28/2020 1:53:55 PM EST
[#15]
Quote HistoryQuoted: Tomorrow is the conference. We may hear on June 1, but not tomorrow. Quote HistoryQuoted: Quoted: Hoping for something good to happen tomorrow. Tomorrow is the conference. We may hear on June 1, but not tomorrow. I remember years ago Thomas was wanting 1 more big 2nd Amendment case before he retires. There is news buzzing he is looking to retire. Now, he knows better than to push for a case that could 180 our rights. But I also know he wants to retire in a blaze of glory. However, there is 1 justice that we cannot count on unless the court is arguing a draconian anti gun law like a total ban. Roberts isn’t for most total bans. So if Thomas wants to retire, will he compromise on a safer case? |
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Posted: 5/28/2020 2:57:57 PM EST
[#16]
Quote HistoryQuoted: You mean to tell me you don't have a way of getting advanced intel and sharing with us? Nope. none. |
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Posted: 5/29/2020 10:02:54 AM EST
[#17]
Duke has an article stating it would be wisest for the court to pick a New Jersey case, as it would both help to prevent the lower courts from continuing to narrow the Heller decision and would be the hardest for the State or local jurisdictions to moot.
...To resolve the circuit split, the Supreme Court should grant one of the petitions from New Jersey. New Jersey does not offer any substantial avenue for individuals (other than active or retired law enforcement officers) to carry firearms outside the home. For handguns, New Jersey law does not distinguish between open and concealed carry. Both activities require the same handgun carry permit, which New Jersey strictly limits to those with a "justifiable need." New Jersey also generally does not permit individuals to carry loaded rifles or shotguns, nor does New Jersey have an emergency self-defense exception to its public carry laws... ..Finally, a New Jersey case would also be the hardest to moot. California, Hawaii, Massachusetts, and New York issue permits at the local level. In the face of a potentially adverse Supreme Court decision, the local licensing official could simply change his licensing criteria. In fact, Hawaii officials may be in the process of shifting their licensing criteria to improve their chances of prevailing in a pending Ninth Circuit challenge to Hawaii's open carry restrictions. While Maryland issues permits at the state level, the state police have plenary power to decide what constitutes "good and substantial reason" to issue a carry permit. They, too, could easily moot a case by expanding the criteria under which they issue permits. New Jersey licensing officials lack this power. The state's strict "justifiable need" standard is codified into law and backed by numerous state supreme court decisions narrowly defining the term. Moreover, New Jersey law gives both police and judges a role in issuing carry licenses. While local New Jersey judges ultimately issue the licenses, either the local police chief or the state police superintendent must grant the preliminary approval. If police chiefs unilaterally loosen their criteria, New Jersey judges will likely override their license approvals; and if state judges unilaterally try to issue more licenses over initial denials by police, the police chiefs can appeal their decision to issue licenses (and they usually prevail). To moot Supreme Court review, the New Jersey legislature would likely have to change state law. After the New York case, the Supreme Court should consider a Second Amendment petition that does not allow for easy gamesmanship by the parties. I wonder if the reference they are making to Hawaii has anything to do with Wolfwood and Nolo's case. https://firearmslaw.duke.edu/2020/05/the-supreme-court-and-the-current-public-carry-petitions-open-splits-and-concealed-vehicle-problems/ |
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Posted: 6/1/2020 1:45:01 PM EST
[#18]
all cases relisted for 6/4 conference
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Posted: 6/1/2020 1:53:36 PM EST
[#19]
Quote HistoryQuoted: all cases relisted for 6/4 conference I'm not sure how to read this. No cert grants at all for any cases, not just 2A cases, maybe they're pushing through the end of the term (due to the delayed oral argument sessions, it's greatly impacted their scheduled pace to finish before 1 July) before deciding any grants? Kharn |
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Posted: 6/1/2020 1:55:36 PM EST
[#20]
They are waiting to see public reaction to the riots of course.
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Posted: 6/1/2020 1:58:57 PM EST
[#21]
Quote HistoryQuoted: They are waiting to see public reaction to the riots of course. |
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Posted: 6/2/2020 10:38:08 PM EST
[#22]
Quote HistoryQuoted: I'm not sure how to read this. No cert grants at all for any cases, not just 2A cases, maybe they're pushing through the end of the term (due to the delayed oral argument sessions, it's greatly impacted their scheduled pace to finish before 1 July) before deciding any grants? Kharn Or RBG cannot “fully participate” in conferences and that is causing an issue. |
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Posted: 6/3/2020 12:21:37 AM EST
[#23]
Quote HistoryQuoted: I'm not sure how to read this. No cert grants at all for any cases, not just 2A cases, maybe they're pushing through the end of the term (due to the delayed oral argument sessions, it's greatly impacted their scheduled pace to finish before 1 July) before deciding any grants? Kharn Quote HistoryQuoted: Quoted: all cases relisted for 6/4 conference I'm not sure how to read this. No cert grants at all for any cases, not just 2A cases, maybe they're pushing through the end of the term (due to the delayed oral argument sessions, it's greatly impacted their scheduled pace to finish before 1 July) before deciding any grants? Kharn So basically the courts are failing, right in the middle of all this. Great. |
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Posted: 6/3/2020 12:22:34 AM EST
[#24]
Quote HistoryQuoted: Or RBG cannot “fully participate” in conferences and that is causing an issue. Quote HistoryQuoted: Quoted: I'm not sure how to read this. No cert grants at all for any cases, not just 2A cases, maybe they're pushing through the end of the term (due to the delayed oral argument sessions, it's greatly impacted their scheduled pace to finish before 1 July) before deciding any grants? Kharn Or RBG cannot “fully participate” in conferences and that is causing an issue. I guess RBG-replacement riots/assassinations will be the next biblical plague we're beset with this year, then. |
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Posted: 6/4/2020 3:12:31 PM EST
[#25]
Quote HistoryQuoted: all cases relisted for 6/4 conference When would we expect to hear something from today’s conference? |
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Posted: 6/4/2020 3:57:57 PM EST
[#26]
Monday
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Posted: 6/4/2020 5:03:05 PM EST
[#27]
Quote HistoryQuoted: Or RBG cannot “fully participate” in conferences and that is causing an issue. In what other job would you ever desperately cling to it when you're at the point you literally CAN'T do it. And be ALLOWED to do that, blocking a replacement who could perform the functions of the job? |
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Posted: 6/4/2020 5:06:31 PM EST
[#28]
Quote HistoryQuoted: In what other job would you ever desperately cling to it when you're at the point you literally CAN'T do it. And be ALLOWED to do that, blocking a replacement who could perform the functions of the job? Congressman/woman. |
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Posted: 6/8/2020 9:26:59 AM EST
[#29]
Today's orders are out, didn't notice anything 2A related unless the Wilson case that had cert denied is the Cook County Illinois case.
Did I miss something? https://www.supremecourt.gov/orders/courtorders/060820zor_i325.pdf |
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Posted: 6/8/2020 9:51:54 AM EST
[#30]
You guys are in for a rude awakening if you think those poeple are gonna help us. They suck.
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Posted: 6/8/2020 9:53:33 AM EST
[#31]
Quote HistoryQuoted: You guys are in for a rude awakening if you think those poeple are gonna help us. They suck. It’s our last hope |
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Posted: 6/8/2020 9:58:23 AM EST
[#32]
Quote HistoryQuoted: Today's orders are out, didn't notice anything 2A related unless the Wilson case that had cert denied is the Cook County Illinois case. Did I miss something? https://www.supremecourt.gov/orders/courtorders/060820zor_i325.pdf Doesn't appear to be Wilson v. Illinois. |
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Posted: 6/10/2020 5:04:16 PM EST
[#33]
Here is an article speculating which types of future Second Amendment cases Justice Alito may prefer to hear.
Justice Alito's Second Amendment ...From these hints, I think it's not entirely clear that Justice Alito reads the scope of the Second Amendment quite as broadly as some of the other conservative justices. He readily upholds convictions for federal firearm crimes, andperhaps because of his background as a prosecutorseems inclined to take law enforcement concerns seriously. And he hasn't been eager to join Justice Thomas's repeated dissents from denials of certiorari in Second Amendment cases. Justice Alito may think lower courts are disrespecting Heller and that the Supreme Court needs to make corrections, but it's not clear he is eager to wipe away much of the existing regulatory framework and in so doing make law enforcement's job harder. I suspect this may mean that he is more likely to want to grant cert in a civil appeal (like a challenge to one of the "may issue" regimes now pending) than in a criminal appeal (like an as-applied challenge to one of the federal prohibitors). I suspect he will also have more sympathy for challenges to state lawslike California's Unsafe Handgun Actthan to federal oneslike the ban on purchasing handguns across state lines. Because Justice Alito appears to be a necessary vote for any expansion of the right to keep and bear armsand might even be a likely author of any such opinionhis record in firearms cases is worth analyzing, even if it does not provide any conclusive answers about where he will land on the next case. https://firearmslaw.duke.edu/2020/06/justice-alitos-second-amendment/ |
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Posted: 6/10/2020 5:10:22 PM EST
[#34]
Quote HistoryQuoted: Here is an article speculating which types of future Second Amendment cases Justice Alito may prefer to hear. Justice Alito's Second Amendment https://firearmslaw.duke.edu/2020/06/justice-alitos-second-amendment/ My bet is on Pena, as it would be an extension of Caetano by simply clarifying common use on handguns. |
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Posted: 6/14/2020 7:41:00 PM EST
[#35]
Orders will be released tomorrow morning following last week’s conference. My bet is a relist of all the gun case until further conferences because they can.
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Posted: 6/14/2020 7:42:59 PM EST
[#36]
Quote HistoryQuoted: Orders will be released tomorrow morning following last week’s conference. My bet is a relist of all the gun case until further conferences because they can. I’ve become used to the constant disappointment. |
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Posted: 6/15/2020 8:31:43 AM EST
[#37]
Denied cert on all so far as I can tell
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Posted: 6/15/2020 8:32:54 AM EST
[#38]
Quote HistoryQuoted: Denied cert on all so far as I can tell |
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Posted: 6/15/2020 8:58:24 AM EST
[#39]
If they defund the police, who will enforce NY's gun regs?
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Posted: 6/15/2020 8:59:30 AM EST
[#40]
Quote HistoryQuoted: If they defund the police, who will enforce NY's gun regs? Rest assured, they'll have money for some things |
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Posted: 6/15/2020 9:01:25 AM EST
[#41]
Quote HistoryQuoted: It’s our last hope Quote HistoryQuoted: Quoted: You guys are in for a rude awakening if you think those poeple are gonna help us. They suck. It’s our last hope So we're fucked... |
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Posted: 6/15/2020 9:01:31 AM EST
[#42]
yeap all denied cert.
Thomas with Kavanaugh joining dissented to the Rogers v. Grewal case |
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Posted: 6/15/2020 9:09:56 AM EST
[#43]
Great. This tells me our side doesn't have a 5th vote for a 2A case. Probably Robert's.
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Posted: 6/15/2020 9:10:48 AM EST
[#44]
I'm not sure we have a solid 3rd or 4th for that matter.
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Posted: 6/15/2020 9:14:15 AM EST
[#45]
"But muh Kavanaugh SCOTUS!"
 We're so going to become like Europe. |
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Posted: 6/15/2020 9:14:57 AM EST
[#46]
Roberts needs to go
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Posted: 6/15/2020 9:19:10 AM EST
[#47]
Just checking into this thread after a while. Has the SCOTUS expanded our 2A rights yet? No? OK, thanks.
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Posted: 6/15/2020 9:25:16 AM EST
[#48]
The courts will save us. If that doesn't work voting will.
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Posted: 6/15/2020 9:26:00 AM EST
[#49]
Quote HistoryQuoted: The courts will save us. If that doesn't work voting will. |
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Posted: 6/15/2020 9:29:00 AM EST
[#50]
Quote HistoryQuoted:
But we must vote in Republicans! They will surely pass pro gun legislation! |
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