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Old December 2, 2019, 07:00 PM   #70
Aguila Blanca
Join Date: September 25, 2008
Location: CONUS
Posts: 13,983
Originally Posted by Bartholomew Roberts
Here is a short summary from a lawyer who attended:
From the link:

Justice Sotomayor argued that text, history, and tradition is a made-up standard that isn’t clearly applicable in this case. Justices Kagan and Ginsburg argued that the City’s limited home permitting of handguns doesn’t affect the transport of firearms…that’s regulated by the city’s carry permits.
One has to wonder if those two are really so ignorant that they don't understand the difference (with respect to firearms) between "transporting" an empty gun in a locked case vs. "carrying" a loaded gun that's ready to rock & roll. The distinction was clarified by Clements, but from the transcript it's impossible to know whether or not they got it.

The three amigas (Ginsberg, Kagan, and Sotomayor) also seem to have already decided that the petitioners (the NYSRPA) have gotten everything they wanted, which is why the case should be moot. Clements pointed out that the new law, purportedly allowing transport, adds a requirement that travel must be continuous and uninterrupted (or something to that effect). The three amigas' view on that is that's the new law, not the old law, so they don't want to talk about it. Clemets' position is that, since that wasn't there before but it's there now, the new law does NOT give the petitioners everything they asked for, and thus the case is not moot.

There was also some back-and-forth over whether or not the petitioners have asked for damages. The three amigas say they have not. Clements said their application didn't state a dollar amount but included a blanket request for damages as the court might impose. This is apparently important to the three amigas because "mootness" (is that a word?) may be off the table if damages are involved. (I think -- I am not a lawyer.)
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