Supreme Court's Alito and Thomas warn new gun control law ra

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Supreme Court's Alito and Thomas warn new gun control law ra

Postby jdege on Tue Jan 17, 2023 9:45 am

https://www.washingtonexaminer.com/restoring-america/fairness-justice/scotus-warns-new-gun-control-laws-raise-serious-2a-questions
Supreme Court's Alito and Thomas warn new gun control law raises 'serious' 2A questions
Two of the Supreme Court 's most conservative justices warned this week that New York 's concealed carry restrictions law raises "serious" constitutional questions ahead of arguments in four Second Amendment-related challenges at the federal appeals court level.

In a short unsigned order Wednesday, the high court deferred to the U.S. Court of Appeals for the 2nd Circuit, which in December eliminated a pause on several portions of the law after a federal district court judge struck down most of the law's provisions on Nov. 7.

Justices Samuel Alito and Clarence Thomas said in a letter attached to the order that the law "presents novel and serious questions under both the First and the Second Amendments." The pair also made clear that the court's denial was in no way "expressing any views on the merits" of the challenges brought by firearms proponents; instead, it was to "reflect respect for the 2nd Circuit’s procedures in managing its own docket."


Sounds like they are hinting to the 2d Circuit and the trial judge that they'd better take Bruen seriously.

Bruen was 6-3, and only Thomas is old enough to be plausibly "Scaliaed". So we're probably safe.
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Re: Supreme Court's Alito and Thomas warn new gun control law ra

Postby bstrawse on Tue Jan 17, 2023 10:50 am

On Friday, 2nd circuit ordered expedited hearings in the cases.
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Re: Supreme Court's Alito and Thomas warn new gun control law ra

Postby jdege on Tue Jan 17, 2023 2:01 pm

bstrawse wrote:On Friday, 2nd circuit ordered expedited hearings in the cases.
b

On what? The temporary stay?

I'd have expected the 2nd to simply let the stay stand, and to send the whole mess back to the district court so they could begin to argue the actual issues.
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Re: Supreme Court's Alito and Thomas warn new gun control law ra

Postby bstrawse on Fri Jan 20, 2023 5:27 am

jdege wrote:
bstrawse wrote:On Friday, 2nd circuit ordered expedited hearings in the cases.
b

On what? The temporary stay?

I'd have expected the 2nd to simply let the stay stand, and to send the whole mess back to the district court so they could begin to argue the actual issues.


The district court has already ruled on the merits, the stay was part of the appeal. The appeal hearing will be on the merits.
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