|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
October 27, 2020, 01:56 PM | #101 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,462
|
The problem with writing for the majority in a 5-4 majority is that if you hew too closely to a strict, textualist approach you may find yourself writing for the minority. I have no way of knowing, but I have always believed that's why the Heller decision included some of the truly horrible things such as the "existing, presumptively lawful" reference to other gun laws on the books, and the general ducking of all issues pertaining to evil black, "military looking" rifles. With no proof whatsoever, I believe that Scalia included those provisions in order to get Kennedy's vote on the issue.
It's fine to be "true to your colors" but, if holding to your principles results in losing the case for posterity, what good do your principles serve? Perhaps "pragmatic originalism" is a viable strategy. I am hopeful that having ACB on the court may result in Roberts growing a pair.
__________________
NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
October 27, 2020, 02:28 PM | #102 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,824
|
I can't know, and so won't speculate on the interaction between the personalities on the court.
I think that the "presumptively legal" and the "ducking of other issues" is a long established SCOTUS procedure. The court is ruling ONLY on the case before them, nothing else, and other issues, though related, if not in the case before them, are not being ruled on, and therefore "presumptively legal" UNTIL they are specifically ruled on (which requires a different case be brought before the court with those psecific other issues in it. its literally the courts way of saying "we're not ruling on that, today, and until we do, existing laws stand" The fact that other people take that to mean something other than the court meant, AND the court does not correct them is another matter. I think we would all have been better off if the court had simply left that language out of the ruling entirely, what's done tis done...
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
October 27, 2020, 02:43 PM | #103 |
Senior Member
Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,875
|
I’m still looking for the answer to what cases can Amy Coney Barrett participate in right away . There are several from my understanding at the Supreme Court about voting issues in multiple states. Can she participate in any of those or does she have to recuse herself for lack of a better term because she wasn’t sworn in before those cases reach the Supreme Court ?
__________________
If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . |
October 27, 2020, 03:38 PM | #104 | |||
Senior Member
Join Date: December 13, 2005
Posts: 4,451
|
MG, she would not be required to recuse herself. No Sup Ct justice can be required to recuse himself. ACB should be able to participate in any matter in which the entire Court is called to participate.
Quote:
Quote:
Quote:
Some of Thomas' ideas may be seeds of plants the the fruit of which won't be ready for years.
__________________
http://www.npboards.com/index.php |
|||
October 27, 2020, 05:52 PM | #105 | |
Senior Member
Join Date: October 22, 2016
Posts: 3,885
|
Quote:
__________________
"We always think there's gonna be more time... then it runs out."
|
|
October 27, 2020, 06:15 PM | #106 | |
Senior Member
Join Date: October 22, 2016
Posts: 3,885
|
Quote:
Yes, it's an individual right, it's always been, if it were not... I don't want to think of the results of that. What was done in Heller had to be done IMO. We'll fix the other things over the next few decades and we'll get a lot more of what we want and less of what we don't want thanks to Heller, McDonald, and apparently Caetano now as that ruling in the 9th Circuit WRT magazine capacities cited Caetano. It's not going to be a nuclear explosion that undoes the damage that has been done to 2A since 1934, it's going to be strategically placed bricks of C4 that go off over a period of time that topples the tower of terror crushing us under its tyranny.
__________________
"We always think there's gonna be more time... then it runs out."
|
|
October 27, 2020, 07:33 PM | #107 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,462
|
Quote:
But what I think might have been his motive doesn't matter. As you said, 'tis done.
__________________
NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
|
October 27, 2020, 10:59 PM | #108 | |
Senior Member
Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,875
|
Quote:
I'm asking because I heard there are a few rulings coming out in the next few days/week that she will not be able to take part in . When and or how does that work ? Example I can see if they have already ruled on a case and the clerks and or judges are simply writing the decision . I'd think ACB would not have a vote in that case because the decision has already been made . However what if the "full" 8 judge court has heard all the arguments but there has been no formal vote at the time she is sworn in , Is the court required to have her included or can they exclude ? There must be some type of procedure for these types of things Y/N ?
__________________
If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . |
|
October 28, 2020, 05:50 AM | #109 | ||
Senior Member
Join Date: December 13, 2005
Posts: 4,451
|
Quote:
Quote:
__________________
http://www.npboards.com/index.php |
||
October 28, 2020, 01:05 PM | #110 |
Senior Member
Join Date: March 31, 2005
Location: Tennessee
Posts: 1,775
|
Didn't the SCOTUS term just start?
__________________
"God and the Soldier we adore, in time of trouble but not before. When the danger's past and the wrong been righted, God is forgotten and the Soldier slighted." Anonymous Soldier. |
October 28, 2020, 01:43 PM | #111 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,462
|
Quote:
__________________
NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
|
November 26, 2020, 10:14 AM | #112 |
Senior Member
Join Date: January 25, 2013
Posts: 317
|
Do we have a list of what 2A cases are in pipeline after the endless relist and final outright ten case massacre in June?
Anything very likely in nest year or so and when? anything possible and when? AW, may v shall, mag capacity? anything substantive? I watch the court but am not a procedure expert. Does failure to get cert on the subjects of those ten cases set any precedent for near term denial of other cases on same subject (I should think not but don't know)? |
November 26, 2020, 10:16 AM | #113 | |
Senior Member
Join Date: January 25, 2013
Posts: 317
|
Quote:
|
|
|
|