Online users
???: Message   

'Hard to guess. Kavanaugh's cogent opinion for the D.C. Circuit COA was, after all, a dissent. I'm unaware of a circuit split on this narrow issue.
Re: Tee: Will SCOTUS take the case? Your expert opinion, please. :-) -- Russ Walden Post Reply Top of thread Forum

Posted by: TEEBONE

11/19/2019, 18:21:16

Author Profile Mail author Edit
Russ -

Bans have been upheld so far in the U.S. 2nd, 4th, 7th and D.C. on the same issue. All these lower courts have thumbed their noses at the historical and textual judicial analysis the Court employed in Heller. I don't think they're dense, I think they're recalcitrant. They're stubbornly stuck on "intermediate scrutiny". But the Heller Court said that no other fundamental right in the BoR is subject to an "interest balancing" approach, and the 2nd Amendment is no different.

I don't know how many cert petitions have been filed yet, and until a circuit split, getting the Court to accept one is unlikely.

The 9th Circuit has enjoined CA's mag ban, but I don't think that ruling includes so-called "assault weapons".

It's a long shot.



Democrats wouldn't buy a clue if it was government subsidized.

Post Reply | Recommend | Alert Where am I? Original Top of thread Previous | Next | Current page