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Old November 4, 2013, 03:25 PM   #61
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Join Date: December 15, 2011
Location: San Diego, CA
Posts: 317
Originally Posted by maestro pistolero
Could it be that NONE of these cases would have gone our way, and the Heller majority is merely exercising damage control via denials?
I had hopes along those lines, but they seem pretty ridiculous.
Correct me if I'm wrong:

Assuming the Heller 5 no longer exist (because otherwise they'd just take the case and win it, right?) the bedtime story is that there's a Heller 4 who are preventing "permanent" damage to the 2A.

How are they preventing SCOTUS, with (now) a majority that will vote against the 2A? The thought is that these Heller 4 are not granting cert to cases? That doesn't make sense, since only 4 votes are required to grant cert, so the 4 anti-2A Justices from Heller, McDonald can simply grant cert without any Heller 4 involvement, and then use the (now-swinging-anti) swing vote to claim a majority and destroy the 2A.
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