2nd Amendment infringement and "irreparable injury"

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2nd Amendment infringement and "irreparable injury"

Postby Lumpy on Mon Sep 16, 2024 6:17 pm

Interesting bulletin out of the Second Amendment Foundation: https://saf.org/saf-petitions-scotus-fo ... hallenges/

SAF and its partners "have petitioned the U.S. Supreme Court for certiorari, asking the court to rule whether an infringement of Second Amendment rights constitutes per se irreparable injury". And:

Noting in their petition that the high court has previously ruled that “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury,” SAF and its partners ask the court to determine whether the same standard applies to the Second Amendment.

“All rights protected by the Constitution are equal,” said SAF founder and Executive Vice President Alan M. Gottlieb, “and therefore any infringements on one right should merit the same degree of scorn as infringements against another right.”

“The Circuit Courts of Appeals have split over whether an infringement of Second Amendment rights inflicts an irreparable harm,” noted SAF Executive Director Adam Kraut. “The Seventh and Ninth Circuits have held that infringements constitute irreparable harm, while the Third Circuit disagrees. It is this split which should bring Supreme Court review and a ruling which applies uniformly across the circuits.”


If I'm understanding this correctly, a SC ruling in SAF's favor would mean that stays and injunctions would automatically be in gun rights advocates' favor; and would largely remove the state and federal governments' ability to let gun prohibitions stand for years while cases worked their way through the courts.
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