Supreme Court - NYSRPA v. Bruen - Megathread

[T-Unit]

It does cause one to wonder if the attempt on a justices life about the abortion case changed some opinions on the Bruen case and that is causing a delay.

Could go either way, history shows that after near violence occurs involving guns that anything that was working its way thru the process and seemed to be pro gun, it gets thrown out. See the Scalise shooting and suppressor bill in 2017.

 

[Coyote33]

old laws are out as constitution and amendments behind it are declared obsolete and made non-enforceable.
the new laws now are the system of executive branch executive orders in combination with custom interpretation of those orders by localities where district attorneys are free to control direction of law enforcement structures.

Has this ever happened?

If so, what is the process?

Who gets to "declare" them obsolete?

Very interested in hearing about the legal mechanism through which this happens.

 

[AHM]

old laws are out as constitution and amendments behind it are declared obsolete and made non-enforceable.
the new laws now are the system of executive branch executive orders in combination with custom interpretation of those orders by localities where district attorneys are free to control direction of law enforcement structures.

That would be a bad bet to take.
Non-enforcement of a law does not stop the government from resuming enforcement.

• Commit a crime the Soros prosecutors ignore.
• Soros prosecutors get tossed out on their ass.
• ???
• Profit.

 

[paul73]

Has this ever happened?

it happens in front of your nose as more and more people become DAs and de-facto enforce new way of life that follows exactly what i stated.
san fran kicked out their DA, sure, but i bet new one will not be too different. our own rachael rollins is of the same breed. if you think she cares of what constitution says about private property and 4th amendment - think again. i am not even talking about 2nd.

that is the process - the people change. and as people change - the system changes.

 

[MaverickNH]

Professor invokes Tenth Amendment to infringe on Second

bearingarms.com

It’s sadly humorous that law professors and gun control advocacy organizations are frantically trying to support the losing side of NYSPRA vs Bruen after oral agreements and before the expected decision.

The impact they hope to have is to stake out their territory for the upcoming battles - courts that have ignored Heller will do their damnedest to ignore NSPRA vs Bruen too, although it will be harder to ignore a harsh smack-down.

 

[Coyote33]

Did someone say these announcements come out on M/W/F?

Someone should do a poll thread on when it will come out, and favorable/non-favorable to RKBA.

I hope it's soon. We need some good news.

 

[eboos]

“Soon” is unavoidable at this point since there is very little time left. Unfortunately, I expect nothing better than a narrow ruling. As it would apply to the masses, this will be a win for the other side.

 

[Hoover]

Did someone say these announcements come out on M/W/F?

Someone should do a poll thread on when it will come out, and favorable/non-favorable to RKBA.

I hope it's soon. We need some good news.

Here the calendar. They can always add more opinion days, so there may be more than the ones scheduled right now. The term generally end at the end of June, so we’ll have the opinion within a few weeks

SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

www.scotusblog.com

 

[T-Unit]

Did someone say these announcements come out on M/W/F?

Someone should do a poll thread on when it will come out, and favorable/non-favorable to RKBA.

I hope it's soon. We need some good news.

Roberts apparently has planned to delay any major cases to the very end because he clearly isn't happy with how the court is currently ruling on them and is trying to get the majority associate justices to change their opinion. He appears to be just fine if one of them is murdered before the release because then they'd be a 4-4 tie and the status quo doesn't change.

John Roberts is a traitor and an enemy of the Constitution.

 

[Coyote33]

There's four time zones in the continental U.S. and the news cycle worldwide is constant.

It really doesn't matter what time of any day they release their decisions.

Yeah, but the Washington DC and New York people are the most importantest, right?

 

[drgrant]

Not in legal terms and that is the point. The present circumstances are emotional and political and just the reason we have a court which is intended to be neither. Emotionally how do you think the snowflakes will respond when handed a reversed Roe and then a gutting of the "may issue" permitting system on top of their latest hysteria about assault weapons. The court will prove their metal if they are able to continue to hand down conservative hard line decisions.

Contrary to what MSM says only some gun owners and some antis will care about the outcomes here. Gun control nationally is a loser issue that’s been peacocked/astrotufed to death. Even if they do the right thing and give us everything, joe/jane public won’t really give a shit.

 

[Hoover]

Roberts apparently has planned to delay any major cases to the very end because he clearly isn't happy with how the court is currently ruling on them and is trying to get the majority associate justices to change their opinion. He appears to be just fine if one of them is murdered before the release because then they'd be a 4-4 tie and the status quo doesn't change.

John Roberts is a traitor and an enemy of the Constitution.

Stop with the bullshit. The controversial cases are almost always the last opinions released and that’s how it’s been for decades, long before Roberts. When the opinion is done, it’s released.

Contrary to your belief, the justices don’t take these cases personally.

 

[Garys]

Well said. The cases have been decided and the opinions are either very close to final or maybe even final.

Stop with the bullshit. The controversial cases are almost always the last opinions released and that’s how it’s been for decades, long before Roberts. When the opinion is done, it’s released.

Contrary to your belief, the justices don’t take these cases personally.

 

[Hoover]

Well said. The cases have been decided and the opinions are either very close to final or maybe even final.

When it’s an 8-1 or 9-0 decision, their is agreement on the legal issues. When it’s a 5-4, 6-3 case there is a lot more haggling over the specifics.

Then vote on the case is a week or so after the oral arguments. The vote on NYSRPA happened in November, they’re just hashing out the details now.

Also the outside groups, abortion, pro life, gun groups, etc are passionate about the issues, the justices are passionate in their opinions at times, then more on. The only one on this court who takes it personally at times may be sotomayor.

 

[T-Unit]

Well said. The cases have been decided and the opinions are either very close to final or maybe even final.

The rulings are not decided until they are released. If Thomas or Alito or Kavanaugh were murdered before the release of the ruling, their opinion no longer exists because they no longer exist.

Why do u think there was a leak last month? To change the outcome because nothing is final until it is released.

 

[Dennis in MA]

Roberts apparently has planned to delay any major cases to the very end because he clearly isn't happy with how the court is currently ruling on them and is trying to get the majority associate justices to change their opinion. He appears to be just fine if one of them is murdered before the release because then they'd be a 4-4 tie and the status quo doesn't change.

John Roberts is a traitor and an enemy of the Constitution.

I have one vital related question on this: What color IS the sky in your world? LOL

 

[Hoover]

The rulings are not decided until they are released. If Thomas or Alito or Kavanaugh were murdered before the release of the ruling, their opinion no longer exists because they no longer exist.

Why do u think there was a leak last month? To change the outcome because nothing is final until it is released.

Yes the leak was very likely by a liberal clerk, most likely one of sotomayors because she picks the most radical and it was definitely to pressure the majority. But that’s some jackasss 20 something year old clerk whose is there for 1 year, it wasn’t from a justice. And the leak won’t change a thing in the opinion. And it’s not Roberts extending things to try to change votes, he’s been disappointing but he’s on the conservative sign much more often than the liberal side. He’s the most likely to write the opinion next term to abolish affirmative action in college admissions and that decision will be as politically explosive as reversing roe

If one of the majority had been killed by some abortion nut, I think you’d see a liberal justice withdraw from the case so the opinion would stay the same minus one on each side.

 

[Goliathan]

If one of the majority had been killed by some abortion nut, I think you’d see a liberal justice withdraw from the case so the opinion would stay the same minus one on each side.

Disagree. Why would they recuse and rob themselves of a victory? Or, less cynically, if they recused it would "prove" to anybody watching that political sides matter, which is explicitly what the Supreme Court is supposed to be above.

And which one would the the one to fall on their sword in the name of "fairness?"

 

[Waher]

If one of the majority had been killed by some abortion nut, I think you’d see a liberal justice withdraw from the case so the opinion would stay the same minus one on each side.

Nope, quisling Roberts would have done that if a lefty judge was murdered. The left would NEVER do something like that. They play to win, not so sit around pretending they are 'losing with dignity' or 'compromising for the good of the country' like the eunuchs of the GoPe do.

 

[T-Unit]

Actually, if one of the conservative justices were whacked, it wouldn't be a 4-4 tie, it'd be 5-4 because Ketanji Jackson would be seated on the court and she would issue an opinion, even if it's a hastily written one that was written on the back of joint rolling papers. SCOTUS vacancies and nominees don't replace certain justices who die or are retired, they simply fill vacancies for associate members of the court.

 

[drgrant]

Actually, if one of the conservative justices were whacked, it wouldn't be a 4-4 tie, it'd be 5-4 because Ketanji Jackson would be seated on the court and she would issue an opinion, even if it's a hastily written one that was written on the back of joint rolling papers. SCOTUS vacancies and nominees don't replace certain justices who die or are retired, they simply fill vacancies for associate members of the court.

She cant say shit, lol.

Lol KBJ isn't involved and cant touch nys whatever Bruen or Roe. She was seated long after these cases were sent on their way.

 

[Drix]

Then vote on the case is a week or so after the oral arguments. The vote on NYSRPA happened in November, they’re just hashing out the details now

I'm ok with not getting another wishy washy Heller interpretation.

Not that dems wouldn't f*** it up anyway, you could literally say "You can't ban these" and the dems would be there like "Im not you"

 

[Hoover]

Actually, if one of the conservative justices were whacked, it wouldn't be a 4-4 tie, it'd be 5-4 because Ketanji Jackson would be seated on the court and she would issue an opinion, even if it's a hastily written one that was written on the back of joint rolling papers. SCOTUS vacancies and nominees don't replace certain justices who die or are retired, they simply fill vacancies for associate members of the court.

As @drgrant explained, if a justice does hear the oral arguments, they are not involved in the case. If the affirmative action justice could be involved in theses cases, Breyer would have left the court in January.

 

[Coyote33]

Nothing today?

 

[Goliathan]

Nothing today?

Juneteenth, man. Don't you believe in Federal holidays?

 

[Hoover]

Nothing today?

SCOTUS is closed for the pandering federal holidays. Opinions this week are Tuesday and Thursday

Btw, we have too many holidays for state and federal and state workers but Juneteenth is the stupidest name for a holiday ever. Asinine

 

[Brian8146]

SCOTUS is closed for the pondering federal holidays. Opinions this week are Tuesday and Wednesday

Btw, we have too many holidays for state and federal and state workers but Juneteenth is the stupidest name for a holiday ever. Asinine

I thought the opinions were being released on Tuesday and Thursday this week

 

[Parker Schreiber]

I thought the opinions were being released on Tuesday and Thursday this week

" Opinions are typically released on Tuesday and Wednesday mornings and on the third Monday of each sitting, when the Court takes the Bench but no arguments are heard."

The Court and Its Procedures

 

[Dr_Scholl]

I thought the opinions were being released on Tuesday and Thursday this week

That's what the calendar is saying.

 

[Hoover]

I thought the opinions were being released on Tuesday and Thursday this week

You are correct, I glanced at it quickly when I was on SCOTUSblog.