New York State rifle SCOTUS case granted certiorari

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  • MCgrease08

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    celebration-dance.gif
     

    rebase

    Marksman
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    OMG.
    There will be blood in the streets.

    Well, the Mayor thinks so anyway.
    McConnel in his speech to senate today supporting the Bipartisan Community Safety Act mentioned this. I think the republicans caving and going to pass the BSCA today is a direct political move of this opinion dropping today.
     

    Bollorollo

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    Oh Lord! Does this numb nuts have a brain lol. Does she not she what's happening in NYC with violent felons and gangs :ugh:.Her stupidity even thinks NYC is safer then any Rural part of our Country which sees very little to no crimes... These people live in a bubble full of fantasy and make believe lol.
     
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    rosejm

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    There is a summary (syllabus) on the first few pages of the decision that outlines the majority opinion pretty well.
    There is some more detail on their justification & citations in the full majority.

    What I find most interesting about the dissent is the lack of actual legal justification for their dissent. It reads like "Guns are bad and dangerous. We should let Gov regulate them. Oh, and the majority didn't take enough time/effort to understand those two points." There's very little actual reference to any precedent that could justify a contrary ruling.
     

    Ark

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    This is absolutely huge, not just for NY. This will open the door in all may issue states and that Justice Thomas just set in stone that strict scrutiny should be used when dealing with second amendment issues. This will mean a challenge to laws across the country.
    My reading of it is that it actually goes a little beyond strict scrutiny for 2A rights.

    "Syllabus:... Since Heller and McDonald, the Courts of Appeals have developed a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Court rejects that two-part approach as having one step too many. Step one is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support a second step that applies means-end scrutiny in the Second Amendment context. Heller’s methodology centered on constitutional text and history. It did not invoke any means-end test such as strict or intermediate scrutiny, and it expressly rejected any interest-balancing inquiry akin to intermediate scrutiny.... The Second Amendment “is the very product of an interest balancing by the people,” and it “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms” for self-defense."

    The 2A IS the interest balancing. It's already happened. Interests were balanced in the Constitution by the writing of the 2A and are not to be balanced again. "Elevates above all other interests" seems to basically state that scrutiny isn't just strict, it's not allowed.

    Of course in realpolitik terms the blue states will simply ignore this and their pet courts will invent some tortured nonsense reasoning, but this seems the strongest SCOTUS defense of 2A rights in American history.
     

    jwamplerusa

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    And this absolutely demonstrates why voting in constitutionalists in the next two elections is so critical. We need another round of constitutionalist judges and Justices to replace the elderly constitutionalists on the court and hopefully replace one more of the "progressive" justices.
     
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