Gary Thank you for explaining how this works.Now, we wait for the 2nd Circuit Court to issue a decision, on each of the 5 suits' TROs. Remember, these hearings are to determine if the TROs, which were issued by the lower federal courts, are to remain in effect, while the trials, which still have to take place, in the lower federal courts of Judges Suddaby and Sinatra. If you recall, the 2nd Circuit stayed the TROs, without explanation. These hearings are to have the 2nd Circuit decide if:
1) the TROs are to remain in effect, while the suits work their way through the lower courts OR
2) the TROs are to remain on hold, while the suits work their way through the lower courts.
Judges Suddaby and Sinatra did not hold full trials, just hearings, to determine if the plaintiffs had a valid case, which should go to trial and to decide whether the lower courts should issue permanent restraining orders, against enforcement of the CCIA, once the trials had been completed.
If the 2nd Circuit Court does not validate each of the lower court's TROs, the lower court suits still go forward, just without the benefit of the TROs. If the 2nd Circuit decides that the TROs were meritorious, the lower court trials still take place, with the benefit of the TROs stopping enforcement of the CCIA.
Once the lower courts have had full trial and decisions, those judgements can be appealed, by either side, depending on the content and direction of those decisions.
Remember, also, that the SCOTUS has already provided guidance, to the 2nd Circuit, that they have to honor the letter and intent of the Bruen decision, when rendering their verdict and that, if the 2nd Circuit does not honor the Bruen decision, SCOTUS might step in, in an interlocutory manner, without the benefit of having to go through the full trials, at the lower federal court levels.
Whatever the 2nd Circuit Court decides, don't expect that to be the end. We will still have to have full trials, on each of the subjects raised, in each of the 5 initial suits. Whether that will happen on the lower court federal level or at he level of SCOTUS or both is what we will have to see. I'll not offer any guarantees, about either way but a prediction that the 2nd Circuit will try to dance around the intent of the Bruen decision. Depending on how they do that, SCOTUS might step in or it might still go back to the lower courts, for trial.
Yes, I know, it's complicated, beyond common sense but that's how our court system operates. It's slow and stop, to make sure that all Ts are crossed and all Is are dotted.
Gary
Court Cases Against New York’s CCIA
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Gary Thank you for explaining how this works.
Why do I think that two years from now we will be on post # 5134!
Because the the only case the 2nd Circuit Court ruled on today dates back to December 2, 2021 ? :--(Why do I think that two years from now we will be on post # 5134!
they said 90 days for a ruling
Why does it take 90 days? Why not 190 days? They sure did not take 90 days to rule against us.
they said 90 days for a ruling
I can only suspect that they're trying to hold onto the status quo, as long as they legally can, knowing that the Bruen decision is not giving them much room, if any, to frame their decision, yet not wanting to honor the Bruen decision, at the same time. I expect them to perform a legal dance, when they do issue their ruling. The 2nd Circuit Court has a long history of leaning far Left.Why does it take 90 days? Why not 190 days? They sure did not take 90 days to rule against us.
Gary
I agree its all bullshit its an uphill battle for usWhy does it take 90 days? Why not 190 days? They sure did not take 90 days to rule against us.
The 90 days is to get them close enough to SCOTUS going to recess and pushing this off to next year. They are crossing their fingers that some of the conservative justices don’t make it to the next session.Why does it take 90 days? Why not 190 days? They sure did not take 90 days to rule against us.
That’s exactly what they are going to do. I had hopes of some of this was going to end but not here in this state. Basically if you want to carry the only solution is move back to the United States to a free state. We lost rights after BruenThe 90 days is to get them close enough to SCOTUS going to recess and pushing this off to next year. They are crossing their fingers that some of the conservative justices don’t make it to the next session.
I could be mistaken, but what would stop SCOTUS from issuing an injunction until the next term when they can hear the case? They do things in the so called shadow docket.The 90 days is to get them close enough to SCOTUS going to recess and pushing this off to next year. They are crossing their fingers that some of the conservative justices don’t make it to the next session.
They wouldn't hear it "next term" because it hasn't even truly begun at the district court level. They could have ordered Suddaby's and Sinatra's injunctions to be in reinstated, but they said they aren't going to do that. Now, if the 2nd Circuit chose to defy SCOTUS "expectation" that they would do the right thing and soon, the gun people could come back to SCOTUS and ask them to do so.I could be mistaken, but what would stop SCOTUS from issuing an injunction until the next term when they can hear the case? They do things in the so called shadow docket.
I was referring to the thought the 2nd was stalling until SCOTUS recessed. I know we haven't hit the meat and potatoes part of these cases yet. If these are the fireworks for the appetizers, I can only imagine what the rest of the case will bring.They wouldn't hear it "next term" because it hasn't even truly begun at the district court level. They could have ordered Suddaby's and Sinatra's injunctions to be in reinstated, but they said they aren't going to do that. Now, if the 2nd Circuit chose to defy SCOTUS "expectation" that they would do the right thing and soon, the gun people could come back to SCOTUS and ask them to do so.
Gocha. I understood that part. I was just referring to your reference about "what was to stop SCOTUS...."I was referring to the thought the 2nd was stalling until SCOTUS recessed. I know we haven't hit the meat and potatoes part of these cases yet. If these are the fireworks for the appetizers, I can only imagine what the rest of the case will bring.
there not going anywhere Thomas is only 74 and hes the oldestThe 90 days is to get them close enough to SCOTUS going to recess and pushing this off to next year. They are crossing their fingers that some of the conservative justices don’t make it to the next session.
Yes, folks, please remember that we still have to have a full trial, in Judge Suddaby's and Sinatra's courts, examining the whole of the CCIA. The 2nd Circuit Court's action is solely about the TROs, which Judges Suddaby and Sinatra issued. Regardless of what the 2nd Circuit Court does, we must, still, have those trials.They wouldn't hear it "next term" because it hasn't even truly begun at the district court level. They could have ordered Suddaby's and Sinatra's injunctions to be in reinstated, but they said they aren't going to do that. Now, if the 2nd Circuit chose to defy SCOTUS "expectation" that they would do the right thing and soon, the gun people could come back to SCOTUS and ask them to do so.
Gary
Any updates?Also if the Supreme Court does get involved and rule in our favor again who is going to enforce their ruling this time?I mean hochul and her filth flaunted their opposition and came up with the CCIA once who or what will stop them again?Who is the enforcement arm of the SCOTUS?
Well, if you're Dwight Eisenhower, then it's the 101st Airborne DivisionAny updates?Also if the Supreme Court does get involved and rule in our favor again who is going to enforce their ruling this time?I mean hochul and her filth flaunted their opposition and came up with the CCIA once who or what will stop them again?Who is the enforcement arm of the SCOTUS?
Is there a projected date of when the 2nd Circuit Court has to render its decision? I know it's a 90-day window but I lost track of dates. I am with Gary on this, I hope they mess it up so the SCOTUS can clean this mess up.
between now and june 20thIs there a projected date of when the 2nd Circuit Court has to render its decision? I know it's a 90-day window but I lost track of dates. I am with Gary on this, I hope they mess it up so the SCOTUS can clean this mess up.
Their decision will be surgical and strategic. I think they will hold off as long as they can so SCOTUS is out or almost out of session and blow it out another 2 years until they get a “better” court.Is there a projected date of when the 2nd Circuit Court has to render its decision? I know it's a 90-day window but I lost track of dates. I am with Gary on this, I hope they mess it up so the SCOTUS can clean this mess up.
Nothing whatsoever to do with constitution or civil rights.
I hope I’m wrong.
1081 - 1100 of 1136 Posts
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