Supreme Court - NYSRPA v. Bruen - Megathread

Springfield, not Worcester (according to Wikipedia)

There’s five in Boston, and one in Burlington
The UMass Memorial Trauma Center, verified as a Level 1 since 1987 by the American College of Surgeons, is the most technologically advanced emergency care facility in the area and is supported by dedicated operating rooms, intensive care units and nearby X-ray and imaging suites.
 
"I'm trying to understand why someone, who has ethical obligations to the court, why you would make arguments that the court has previously rejected, knowing that they previously rejected them."

Did he ever get an answer?
 
Interesting article on Rahimi - Clarence Thomas dissent:



Cases considering what “violent crime” and “dangerous” mean wrt felons and firearms.

”… some jurists considering Second Amendment challenges to 18 U.S.C. 922(g) have cautioned that “the legislature cannot have unchecked power to designate a group of persons as “dangerous” and thereby disarm them. Congress could claim that immigrants, the indigent, or the politically unpopular were presumptively “dangerous” and eliminate their Second Amendment rights without judicial review.”

Reminds me of Julius Caesar’s line in the eponymously titled play “Yond Cassius has a lean and hungry look; He thinks too much, such men are dangerous," But in this case, these liberal lawyers favoring gun control unsurprisingly forget that Democrats spent four years felonizing misdemeanors and unexpiring statutes of limitations.
 
Whoa!!!!!


The man can't fish without bait.

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🐯
 

”It is often taken as a matter of faith that those on the legal right favor originalist approaches as the best — and arguably only — way to do constitutional law. Yet recent efforts in conservative states to require strict scrutiny for gun cases reject that orthodoxy.”

The author is decidedly anti-gun, using the logical manipulation: If you accept X you must reject Y, Since you accept X abut and Y, your acceptance of X is invalid.

In this case, that means: If you accept Originalism , you must reject Strict Scrutiny. Since you accept both, your acceptance of Originalism is invalid.

The fault lies in the shaky assertion and Originalism and Strict Scrutiny are incompatible. They can certainly co-exist - and do! As a double-whammy on gun controllers that they struggle to dismiss.
 

”It is often taken as a matter of faith that those on the legal right favor originalist approaches as the best — and arguably only — way to do constitutional law. Yet recent efforts in conservative states to require strict scrutiny for gun cases reject that orthodoxy.”

The author is decidedly anti-gun, using the logical manipulation: If you accept X you must reject Y, Since you accept X abut and Y, your acceptance of X is invalid.

In this case, that means: If you accept Originalism , you must reject Strict Scrutiny. Since you accept both, your acceptance of Originalism is invalid.

The fault lies in the shaky assertion and Originalism and Strict Scrutiny are incompatible. They can certainly co-exist - and do! As a double-whammy on gun controllers that they struggle to dismiss.
The author takes patently and obviously absurd position that a state's constitution cannot protect a right more explicitly and tightly than the federal Constitution's protections.
This is ridiculous and unsupportable as the Bill of Rights is a limit on government action - a state is completely open to barring itself from any infringement allowed by the federal constitution of an enumerated right - the 14th amendment only limits the imposition of further restrictions by the states of any enumerate right.
 
I'll need to add that to the reading list - I don't partake but I trust Volokh's take on it and that's seems to be the opinion is a good one for us.

What needs to be looked at is the DUI prohibitions post Rahimi - that's going to effect far more people than pot use.

Edit: The opinion relies heavily on a previous 8th circuit decision (Veasely) that I haven't read but has some great potential for citations

Nothing in our tradition allows disarmament simply because Cooper belongs to a category of people, drug users, that Congress has categorically deemed dangerous. Neither the confinement of the mentally ill nor the going-armed laws operated on an irrebuttable basis.
In fact, each had an individualized assessment built in.
Confinement of the mentally ill, for example, occurred at the “discretion” of “[j]ustices of the peace and other officials,” but usually only after a finding that there would be some risk of “mischief” without it.

In other words, Congress can't ban entire classes of people as dangerous and therefore able to be categorically disarmed. You must individually found be demonstrably dangerous in order to be disarmed. That the class you belong to is more prone or apt to be dangerous is not a disqualifier, you yourself must present as an objective danger.
 
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”It is often taken as a matter of faith that those on the legal right favor originalist approaches as the best — and arguably only — way to do constitutional law. Yet recent efforts in conservative states to require strict scrutiny for gun cases reject that orthodoxy.”

The author is decidedly anti-gun, using the logical manipulation: If you accept X you must reject Y, Since you accept X abut and Y, your acceptance of X is invalid.

In this case, that means: If you accept Originalism , you must reject Strict Scrutiny. Since you accept both, your acceptance of Originalism is invalid.

The fault lies in the shaky assertion and Originalism and Strict Scrutiny are incompatible. They can certainly co-exist - and do! As a double-whammy on gun controllers that they struggle to dismiss.

It's teh same logic used by the dolts on Ancient Aliens. "IF you believe that lights turn on and off, then you have to believe that aliens exist, right?" Wait. WHAT?
 
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