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Another 2A Case Goes To SCOTUS Conference !


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14 replies to this topic

#1 blue steel

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Posted April 13 2020 - 03:00 PM

According to todays listing in the Gun Case Tracker, a California case has been distributed for conference at SCOTUS (Rodriquez v San Jose). This makes it an even dozen cases distributed and on hold !!! Talk about being "locked and loaded" ! LOL


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#2 Gary_Hungerford

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Posted April 14 2020 - 06:37 AM

This is an interesting case, based on violations of the 4th Amendment and, tangentially, a 2nd Amendment side issue. It has the potential for destroying the red flag laws.

Gary


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#3 mvphilly

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Posted April 14 2020 - 07:32 AM

I was hoping and waiting for a red flag law challenge. To me that one is the most egregious and unconstitutional of them all. To take away someones right and property on here say.


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#4 Wowzer

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Posted April 14 2020 - 11:08 AM

What does HOLD mean? That the SCOTUS has not decided on hearing/not hearing the case?



#5 blue steel

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Posted April 14 2020 - 11:25 AM

What does HOLD mean? That the SCOTUS has not decided on hearing/not hearing the case?


From the following glossary....waiting for NYSRPA case....


https://www.scotusbl...of-legal-terms/
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#6 Gary_Hungerford

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Posted April 14 2020 - 11:58 AM

What does HOLD mean? That the SCOTUS has not decided on hearing/not hearing the case?

 

In this case, the results of the NYSRPA suit will have direct repurcussions on this one, which is why it's on hold, pending the NYSRPA decision.

Gary


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#7 boosti

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Posted April 14 2020 - 05:12 PM

In this case, the results of the NYSRPA suit will have direct repurcussions on this one, which is why it's on hold, pending the NYSRPA decision.
Gary

From all the reports originally posted about the NYSRPA v. NYC was this case was going to have very little impact. The one plaintiff said he only wanted to take his unloaded handgun in a locked box outside of NYC and wanted nothing else.

#8 Gary_Hungerford

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Posted April 15 2020 - 07:31 AM

From all the reports originally posted about the NYSRPA v. NYC was this case was going to have very little impact. The one plaintiff said he only wanted to take his unloaded handgun in a locked box outside of NYC and wanted nothing else.

 

Boosti:

    You may be correct and only the decision will tell us that but, based on the oral arguments, plus the attitutes of several of the justices, during the orals, toward the admissions and attempted machinations, by NYC and NYS, this case has the potential for being a landmark 2A item. If the justices feel that the Rodriguiz suit needs to be held, until the NY case is resolved, that also suggests that the decision, in the NY case, will be of significance and bear on the Rodriguez issues. Otherwise, there would be no need to hold Rodriguez, which is, primarily, a 4th Amendment issue.

Gary



#9 blue steel

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Posted April 15 2020 - 09:03 AM

Boosti:
    You may be correct and only the decision will tell us that but, based on the oral arguments, plus the attitutes of several of the justices, during the orals, toward the admissions and attempted machinations, by NYC and NYS, this case has the potential for being a landmark 2A item. If the justices feel that the Rodriguiz suit needs to be held, until the NY case is resolved, that also suggests that the decision, in the NY case, will be of significance and bear on the Rodriguez issues. Otherwise, there would be no need to hold Rodriguez, which is, primarily, a 4th Amendment issue.
Gary


Gary....and don't forget there are freekin 11 other cases they are holding !!! Just my humble opinion but I am thinking that "something is up". Man I would like to be a fly on the wall at the closed door meetings at SCOTUS ! But one thing I know for sure....whatever comes down, it will be memorable ! Either good or bad, looks to me like there is some sort of titanic internal battle going on !!!

#10 Incognito

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Posted April 15 2020 - 11:00 AM

Either good or bad, looks to me like there is some sort of titanic internal battle going on !!!

 

Burden of proof. Just guessing.


Edited by Incognito, April 15 2020 - 11:03 AM.


#11 Gary_Hungerford

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Posted April 15 2020 - 11:13 AM

Gary....and don't forget there are freekin 11 other cases they are holding !!! Just my humble opinion but I am thinking that "something is up". Man I would like to be a fly on the wall at the closed door meetings at SCOTUS ! But one thing I know for sure....whatever comes down, it will be memorable ! Either good or bad, looks to me like there is some sort of titanic internal battle going on !!!

 

I have the same type of "gut" feeling as you. After listening to the orals, hearing the "attitudes" of the justices and seeing their faces, I expect that, whichever way this NY suit resolves, it's going to be significant.

Gary


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#12 blue steel

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Posted April 15 2020 - 12:15 PM

Just spoke to a Fed appelate lawyer....said the Justices don't like to signal decisions in cases. In this case NYSRPA. Also they dont like to rule on cases they "dont have to". When NYSRPA is done they will kick most if not all the hold cases back down to the lower courts...interesting thoughts.

Edited by blue steel, April 15 2020 - 12:16 PM.


#13 Gary_Hungerford

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Posted April 15 2020 - 12:58 PM

Just spoke to a Fed appelate lawyer....said the Justices don't like to signal decisions in cases. In this case NYSRPA. Also they dont like to rule on cases they "dont have to". When NYSRPA is done they will kick most if not all the hold cases back down to the lower courts...interesting thoughts.

 

Yes, I can see that as a possibility, forcing the lower courts to reevaluate and readjudicate them, based on the SCOTUS' latest, pro-2A decision.

Gary



#14 blue steel

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Posted April 23 2020 - 10:03 AM

Good summary of the Rodriquez case....




#15 Wowzer

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Posted April 23 2020 - 06:58 PM

Despite Trump's assignment of judges, the 9th circuit remains liberal. Amazing to think that the district court has to be thought of as unconstitutional, but it is. I hope 4 more years of Trump will ensure enough judges in America that interpret the constitution based upon the document and not what people have made up over the years.






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