Notes from the Resistance
Alito’s right to warn: Court’s knee-jerk habit of slapping Trump will cost it dearly [More]
How? With “uncongenial” judicial appointments?
We’ve already established that tough confirmation questions are off limits. And don’t count the Democrats out for a comeback.
Wake me when there are real costs, and a means to exact them.
[Via Michael G]
SCOTUS ruling against Yost clears path for effort to abolish qualified immunity for police to advance [More]
“Law and order” Republicans need to figure out who we need that law and order for, and why.
Just goes to show: I’ve liked Yost, and Thomas and Alito, but we’ll never agree with everyone on everything.
[Via JG]
In a case that could potentially have far-reaching implications for similar lawsuits across the nation, the U.S. Supreme Court has denied Minnesota’s Petition for Writ of Certiorari in Jacobson v. Worth, the Second Amendment Foundation’s (SAF) challenge to the 18-20-year-old carry ban in the state…The high court’s refusal to hear the case means the Eighth Circuit’s ruling stands as a final judgment, confirming SAF’s win. [More]
Now, how do we change “could” to “will”?
We’re awaiting word on Snope/Ocean State tactical, and if SCOTUS is going to make a decisoin or once more kick the can down the road. Meanwhile, here are some sobering thoughts:
This is especially frustrating to watch after feeling like I’m the lone voice in the wilderness warning that relying solely on “self defense” while ignoring the militia aspect makes 2A more vulnerable to infringements, and how putting all faith in the “in common use at the time” argument can be a trap.
[Via Jess]
This ensures gun rights will continue to be denied [More]
There are plenty making excuses, but it doesn’t change the fact that they know what Founding intent was, and a right delayed is a right denied.
[T]he proximate-cause issue, in limbo will result in continuing legal uncertainty and ongoing attacks on the industry facilitated by courts that are allowing the most extreme theories of proximate cause in which remoteness is disregarded. [More]
The antis and their robed agents on the bench are counting on it.
Me, I’m still wondering which “State or Federal statute applicable to the sale or marketing of the product” is legitimately Constitutional.
[Via Michael G]
When Bureaucrats Rewrite Law: What the Supreme Court’s Ghost Gun Ruling Means for Gun Owners & Small Businesses~ Deep Dive [More]
This, and the podcast it reports on, merit wider gun owner congnizance.
The only thing I would add is that those “consistent governing laws” being called for are illegitimate if they infringe.
The US Supreme Court refused to question New York’s 2022 gun restrictions, including the state’s limits on concealed-carry licenses and its ban on weapons in buses, parks and crowded venues. The justices without comment turned away an appeal by six New York residents who said the restrictions infringe the Constitution’s Second Amendment and fly in the face of recent Supreme Court rulings bolstering gun rights. [More]
As noted many times before over the years, all the Supreme Court has to do to allow blatant infringements of our fundamental rights to prevail is… nothing.
People in power don’t give it up unless there’s a credible “or else” behind demands.
[Via Dan Gifford]
Attorney General McCuskey leads SCOTUS amicus brief challenging D.C.’s high-capacity magazine and assault weapons ban [More]
And significantly better than and different from a case we discussed yesterday:
III.Courts Are Incorrectly Analogizing …11
A.The Second Amendment Goes Beyond The Individual Right To Self-Defense … 12
B.Narrowing Heller To Only Self-Defense Leads To Poor Analogical Reasoning … 15
Ignoring Core Purpose Makes 2nd Amendment More Vulnerable to Infringements: The Militia Aspect, Part 1 and Part 2.
The only question left: Why can’t Pam Bondi file an amicus brief supporting this?
[Via Jess]
But this is NOT a major loss for 2A or gun rights. First, it is not a 2A case so it does matter at all to Heller/Bruen analysis. Second, SCOTUS clearly left open the door for Trump to repeal the Biden ATF regulations (or even rewrite them in a very favorable way for the “home-made gun” industry… [More]
Regardless of how it was presented, this definitely is an infringement on the right of the people to keep and bear arms. And the next administration can undo any rule change this one makes.
Replacing Joe Biden’s Office of Gun Violence Prevention with an Office of Second Amendment Protection, with liaison members like new ATF Chief Counsel Leider, would mean no more surprises, no more cognitively dissonant legal positions, and no more disheartening gun owner who are feeling used, abandoned and betrayed. [More]
All this back-and-forth has got to stop.
The Supreme Court sided with the federal government’s effort to regulate so-called ghost gun kits for making untraceable weapons. Justice Neil Gorsuch wrote the majority opinion for seven justices upholding federal regulation, over dissent from Justices Clarence Thomas and Samuel Alito. [More]
Here.
How DOJ squares that with “Every single Biden attack on gun owners and manufacturers will be terminated on my very first week back in office, perhaps my first day,” has not been stated.
Chief Justice John Roberts Caught in Elitist Club of Judges and Lawyers That Includes James Boasberg, Beryl Howell, Amit Mehta and Ketanji Brown Jackson [More]
Everybody remembers Bill Clinton mentor Carrol Quigley, right?
“The argument that the two parties should represent opposed ideals and policies, one, perhaps, of the Right and the other of the Left, is a foolish idea acceptable only to doctrinaire and academic thinkers. Instead, the two parties should be almost identical, so that the American people can ‘throw the rascals out’ at any election without leading to any profound or extensive shifts in policy”
I’m still holding out for Dolly pics.
[Via bondmen]
Related UPDATE
Not corrupt or compromised or an idiot, but a fool…?
[Via Michael G]
So Chief Justice Roberts, if you want the normal appellate process to work, you have to make it work. You have to do your job. [More]
Look at all the inferior courts and state governments thumbing their noses at Bruen, and all this robed poltroon can say is “Process.”
Am I wrong to suspect Dolly pics?
Some of us (far too few) were questioning this character from the outset.
[Via Michael G]
It’s taking care of our immediate needs. However, the Founders bequeathed us a constitution intended “to secure the Blessings of Liberty to ourselves and our Posterity.” If this is all we concern ourselves with, what are we bequeathing to them? Semiautomatic firearm technology that’s already 140 years old…? In a world where technological developments and breakthroughs are being introduced seemingly exponentially, what new “terrible implements” will become standard issue in the next 140 years? [More]
In avoiding legal traps today, care must be taken not to catch ourselves in a more dangerous one tomorrow.
Cruz Files Constitutional Amendment To Prevent Democrats From Packing SCOTUS [More]
I’d say 8% is wishful thinking.
[Via Sweet Babboo]
