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Old March 4, 2014, 02:30 PM   #5
Gary L. Griffiths
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Join Date: April 7, 2000
Location: AZ, WA
Posts: 1,466
Quote:
If we have four solid on our side but they know there isn't a fifth, "our" four may very well not want it to come up yet.
That, frankly, is what concerns me. One of the majority in Heller and McDonald may have reluctantly voted to allow guns in the home, but has indicated an unwillingness to allow guns in public. OTOH, if the Heller minority were sure of a fifth vote, why wouldn't they vote to grant cert to one of the cases so they could effectively restrict the right to one's residence?

I think the simplest explanation is probably correct: They are very busy and aren't willing to grant cert until a circuit split forces them to.
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Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own craven apathy; are miserable creatures who have no chance of being free, unless made and kept so by the valor of those better than themselves. Gary L. Griffiths (Paraphrasing John Stuart Mill)
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