Tag: Supreme Court

Point of Origin

Illinois Assault Weapons Ban Faces New Challenge… The petition argues that Justices Elizabeth Rochford and Mary Kay O’Brien participated in the case despite receiving campaign contributions from those who support the ban. [More]

Now I want you to remember who did the original work that made this possible:

[T]he research and publicity this article has caused has led to a petition with the US Supreme Court on Caperton V Massey grounds, which was first brought up in this piece.

Take it from someone who knows what it’s like to be “bigfooted” out of a story by the media and latecomers.

I’ll probably put something together over the weekend to give this wider exposure. In the meantime, if you see any YouTube gun influencers who don’t give credit to Mom-At-Arms, notify viewers in their video comments.

Jam Session

How a Second Amendment case at the Supreme Court is putting gun rights groups in a jam [More]

That’s one way to spin getting your usurping @$$ handed to you…

“If someone is dangerous enough that society can’t trust them with a gun, they should be behind bars − it’s that simple,” Pratt said.

Bingo.

Unauthorized Means Unlawful

The US Department of Justice made a major concession involving whether licensing officials working for executive agencies may exercise “discretion” over CCW permits. [Watch]

That is big.

And using that rationale, I’d argue they can’t exercise executive “discretion” in “rulemaking” not backed by legislation, either.

Or in creating new classifications of “prohibited persons.”

[Via Jess]

Trouble Ahead?

The Supreme Court appears inclined to uphold a federal law banning guns from those subject to domestic violence restraining orders (DVROs), in the first major test of the Second Amendment at the high court this term. [More]

Looks like some of the pundits assuring us Bruen was a magic bullet may have some ‘splainin’ to do…

The question now is which of the “justices” will show the beliefs no one dared ask them about during confirmations…

UPDATE

Or maybe not.

Why We Must Punish Everyone

“He would not have been able to access that gun if we had these current laws in place,” Glenn said in an interview with The Associated Press that took place outside the Supreme Court. [More]

Why aren’t they telling us his Colorado TRO said he couldn’t get a gun?

And if “prohibited persons” can’t get guns, what’s all this about?

Not that reality and logic could ever compete with heartstring-tugging anecdotes…

[Via bondmen]

Showdown Coming?

The US Court of Appeals for the Fifth Circuit heard oral argument today in Reese v. BATFE involving whether young adults have a right to acquire firearms from federal gun dealers under the Second Amendment and, relatedly, whether 18 USC 922(b)(1) is constitutional. Mark Smith Four Boxes Diner predicts that this gun control statute will be struck down and then the US DOJ will have to seek cert from the US Supreme Court. [Watch]

What was the understanding at the time of the Founding?

What is the law?

[Via Jess]

Delay of Game

California’s assault weapons ban will remain in effect while a court considers whether the 30-year-old law is unconstitutional. [More]

That a court thinks there’s anything to consider is our first clue that the game is rigged.

I think we all know that the Ninth Circuit is going to side with citizen disarmament and it’ll take SCOTUS strapping ’em on to get a proper ruling–provided the Republicans don’t blow ’24 and the composition of the High Court changes while the clock is running.

Not that that would settle it…

[Via Jess]

Amy, What You Wanna Do?

Is Justice Amy Coney Barrett a TRAITOR to the 2nd Amendment? [Watch]

Again, this is more procedural than anything. That doesn’t mean justice isn’t being delayed and denied for some. I know as an SNBIer, I’m the last person to talk about nuance, but a High Court that can bypass appeals protocols here can bypass it elsewhere, and you’d better believe one with a different composition would exploit the hell out of that.

I’m surprised so many of Mark W. Smith’s followers in the video’s comments don’t seem to grok his points.

But yeah, I suspect if she had her druthers she wouldn’t be a purist. Neither would Roberts, or Kavanaugh, or… and don’t get me started on Scalia.

This is the hand we’re dealt. It’s up to us to play it smart.

[Via Jess]

The Ghost of a Chance

Supreme Court tells Fifth Circuit to stop its defiance in ghost gun case … voiding the lower court orders and allowing the ATF regulations to go into effect pending further litigation. There were no noted dissents. [More]

Because we all know how big the Founders were on serial numbers and background checks…

Here’s the order.

I infer Nina Totenberg’s celebratory tone. That said, I’m not sure this isn’t more about following procedural steps than signaling a predisposition on an ultimate ruling.

And that said, citizens’ lives and livelihoods are jeopardized in the interim, and that hardly seems consistent with “secur[ing] the Blessings of Liberty…”

Judicial Skulduggery

So the Ninth Circuit has immediately declared they’re going to handle this case en banc without allowing a three judge panel to hear it first… [Watch]

The only real question: Will the Supreme Court let 9th Circuit Democrat apparatchiks get away with how they’ve signaled they intend to rule?

[Via Jess]