Maryland AWB case Snope v Brown going to SCOTUS. (Formerly Bianchi v Brown & Bianchi v Frosh)

…requires the entire court to share the same opinion…

Entire court does not have to have the same opinion.

Hmm

My 30 seconds of research seemed to point to the entire court having the same opinion, but the fact that Thomas dissented in the per curiam released today obviously he didn’t share the opinion.

I guess it doesn’t matter I was just curious why Kostas Moro was pontificating about the possibility of a per curiam decision on Snope.
 
IANAL but I think it would be "assault weapons bans are already unconstitutional under Heller or xyz, now go back and fix your rulings"
Wasn't that already basically done with Snopes? I thought Snopes already made it to the Supremes and they sent it back to the 4th circuit saying, try ruling again but this time weighing Bruen in your decision and the 4th said, yup EABOD's because our ruling was correct the first time.
 
Maybe I’m dumb. What would a snope per curium mean for us?
per curiam decisions are those for which the court can issue an opinion without further pleadings or oral arguments

I doubt Snope will get a per curiam, however the contentious per curiam would have taken up a significant amount of time. My understanding is that per curiams are normally unanimous which this one was not.
 
Wasn't that already basically done with Snopes? I thought Snopes already made it to the Supremes and they sent it back to the 4th circuit saying, try ruling again but this time weighing Bruen in your decision and the 4th said, yup EABOD's because our ruling was correct the first time.
Snope was previously known as Bianchi v. Frosh. It was GVR'd (Granted, Vacated, Remanded) in 2022 along with three other cases when the court issued their Bruen Opinion. (See this link)
21-902 BIANCHI, DOMINIC, ET AL. V. FROSH, ATT'Y GEN. OF MD, ET AL.
The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).
 
Wasn't that already basically done with Snopes? I thought Snopes already made it to the Supremes and they sent it back to the 4th circuit saying, try ruling again but this time weighing Bruen in your decision and the 4th said, yup EABOD's because our ruling was correct the first time.
In a nutshell, yes.
The 4th panel was ready to deliver an opinion striking down the Maryland ban based on Bruen. However, the dissent (and larger court) refused to file the dissent and then took the case en banc (full court) without releasing the panel opinion. It was in the en banc where the court basically said they know what SCOTUS said in Bruen but reject being held to SCOTUS' binding holdings and the Constitution. Rumor has it that the dissent in the en banc opinion was essentially the original panel opinion.
Given the very political manner in how the 4th handled the case and its disregard for binding precedent, I don't see how SCOTUS doesn't take this case.
 

Attachments

Hmm

My 30 seconds of research seemed to point to the entire court having the same opinion, but the fact that Thomas dissented in the per curiam released today obviously he didn’t share the opinion.
The per curiam released today had Justice Thomas dissenting. That being said, Snope would have such a huge impact I’d imagine the court would rather grant cert and go through the full process.

Edit: I clearly need more sleep, you just said exactly that lol. *face palm*
 
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Does it mean if no cert it will be dismissed ? Or go to next term? I don't speak legalise.lol
It’s my understanding that If denied cert it’s dismissed, if no news or relist we wait until next term as there won’t be time left this term to take on the case(s)
 
It’s my understanding that If denied cert it’s dismissed, if no news or relist we wait until next term as there won’t be time left this term to take on the case(s)
It would have to actively be denied in the orders for it to be denied. Not put forward for conference in time for this term just kinda puts a limbo pin in the case.
 
Maybe I’m dumb. What would a snope per curium mean for us?
A per curiam opinion has the same force of law and precedent as any other. In Caetano, for example, Massachusetts SJC gave 3 rationalizations on why stun guns weren't covered, all of which had been explicitly refuted in Heller. So the Justices felt there was no significant issue of fact or law and the case could be dealt with summarily.

Given Alito's concurrence in Bruen, I would be very surprised if the Court went that route with Snope.
 
Unique video recorded at Shot Show. William Kirk of Washington Gun Law interviews Mark Smith of Four Boxes Diner.

Smith's prediction for Snope cert is near the end of the video, and ... it is not overly positive.

In any event it is an interesting interview and I came away liking Smith more than I had, as he is far less stiff than during his videos and shows a lot more personality. He is also all in on the Trump agenda, and, he explains, had worked for the President in 2016.




🐯
 
If Snope is denied cert, then AWBs will remain constitutional forever. Yes, I think it’s that dire.

SCOTUS already granted cert to Snope in 2022 and vacated/remanded it back to the 4th. Where the 4th came back with the same conclusion as it did the first time.

A denial of cert would completely neuter Bruen. Along with Heller and Caetano.

Edit: all these lower courts are openly defying SCOTUS (in particular you, Hawaii). Yet they continue to ignore it all.
 
If Snope is denied cert, then AWBs will remain constitutional forever. Yes, I think it’s that dire.

SCOTUS already granted cert to Snope in 2022 and vacated/remanded it back to the 4th. Where the 4th came back with the same conclusion as it did the first time.

A denial of cert would completely neuter Bruen. Along with Heller and Caetano.

Edit: all these lower courts are openly defying SCOTUS (in particular you, Hawaii). Yet they continue to ignore it all.
How dare you disrespect the Spirit of Aloha!
 
Worst case, in my uneducated opinion, is that they hear it next term and we won’t get a decision until June of 2026. The appealed decision is such a slap in the face to scotus that I can’t imagine that they won’t grant cert. if it gets denied, then all bets are off; Just get comfortable with the fact that we are all (in Mass) felons in waiting.
 
If Snope is denied cert, then AWBs will remain constitutional forever. Yes, I think it’s that dire.

SCOTUS already granted cert to Snope in 2022 and vacated/remanded it back to the 4th. Where the 4th came back with the same conclusion as it did the first time.

A denial of cert would completely neuter Bruen. Along with Heller and Caetano.

Edit: all these lower courts are openly defying SCOTUS (in particular you, Hawaii). Yet they continue to ignore it all.

It’s worse than that. They will proliferate like in Massachusetts becoming the catch all “Assault Style Weapons” bans. Eventually we will be reduced to pumps, levers, and bolt action rifles.
 
It’s worse than that. They will proliferate like in Massachusetts becoming the catch all “Assault Style Weapons” bans. Eventually we will be reduced to pumps, levers, and bolt action rifles.
Thank God they won't eventually come after those as well........
 
If they have their way we will be reduced to bows and arrows……..and pointy sticks.

I can't reveal my sources but I was just leaked the approved and final roster for MA legal firearms.

I'll make additional comments later, and may reveal my source, but right now I'm trying to decide which colored one I like.



 
Worst case, in my uneducated opinion, is that they hear it next term and we won’t get a decision until June of 2026. The appealed decision is such a slap in the face to scotus that I can’t imagine that they won’t grant cert. if it gets denied, then all bets are off; Just get comfortable with the fact that we are all (in Mass) felons in waiting.
While it would be bad in the short term it's better than an outright denial
 
Ok, Thomas could be writing a 30 page cert denial dissent. But could Kagan or Sotomayer be writing a cert acceptance dissent instead?
 
Ok, Thomas could be writing a 30 page cert denial dissent. But could Kagan or Sotomayer be writing a cert acceptance dissent instead?

Kagan might write something half intelligent, but for Sotomayor it wouldn't take 30 pages to write,..

No, cuz guns.

Signed - Justice Twatwaffle

🐯
 
If Snope is denied cert, then AWBs will remain constitutional forever. Yes, I think it’s that dire.

SCOTUS already granted cert to Snope in 2022 and vacated/remanded it back to the 4th. Where the 4th came back with the same conclusion as it did the first time.

A denial of cert would completely neuter Bruen. Along with Heller and Caetano.

Edit: all these lower courts are openly defying SCOTUS (in particular you, Hawaii). Yet they continue to ignore it all.
Roberts is such a qunt that I could see him kneeling to the lower courts and their decisions because he's a Romney type who avoids confrontation.

I wouldn't be surprised if before he retires that Roberts comes out as transgender.
 
Folks a reminder for tomorrow, this is what the SCOTUS calendar indicates:

Today at the Court - Friday, Jan 24, 2025​


  • The Supreme Court Building is open to the public from 9 a.m. to 3 p.m.
  • The Justices will meet in a private conference to discuss cases and vote on petitions for review.
  • The Court will release an order list at 9:30 a.m. on Monday, January 27.
  • Courtroom Lectures available within the next 30 days.

We may see Miscellaneous Order tomorrow in addition to the Order doc on Monday the 27th.
 


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