Rant Possible we'll see the SCOTUS strike down anti-gun laws?

Discussion in 'Political Outhouse' started by Alexy, Nov 19, 2018.

  1. Alexy

    Alexy Well-Known Member

    372
    Oct 30, 2016
    Hey friends, I just want to get the communitie's opinion on if you all think the US Supreme Court will strike down an 'assault weapons' ban?

    With a new pro 2A judge perhaps some of the obviously unconstitutional 'gun control' laws will be challenged. Especially if another state tries to enact them.

    Does anybody think the SCOTUS will hear one of these cases? And if so, will they strike down 'assault weapon' bans once and for all?

    They did it with DC vs Heller, and McDonald vs Chicago.

    What do you all think?
     
  2. Journeyman1234

    Journeyman1234 Well-Known Member

    640
    Feb 28, 2017
    Roberts seems reluctant to take these cases. I know it's not up to him to determine which cases are heard (need four Justices to vote to hear a case), but as Chief Justice, he has a lot of sway. If Ginsberg or Breyer go soon, and we add another Conservative, you would start seeing many gungrabber anti-Second Amendment laws overturned and this country would be all the better for it.
     
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  3. Dallas Knight

    Dallas Knight Max Otto von Stierlitz

    Jun 22, 2015
    Trying to guess which cases the SCOTUS will pick to hear is always a ‘crap shoot’. They typically hear around 45 to 60 cases per session (out of thousands the appellate courts have decided on) that have been appealed. The SCOTUS effectively gets to vote amongst themselves, which cases they want to hear. Their decision is usually influenced by a couple of main factors: 1) which cases appear to raise truly interesting Constitutional questions from an intellectual point of view, and 2) which cases the Justices feel the federal District Courts and the Appellate Courts have gotten “wrong”.

    There is beginning to be some mounting pressure on the court to hear some “gun cases” - even to the extent the late Justice Scalia and current Justice Thomas declaring the Second Amendment to be an “orphaned” Right, in that it hasn’t been treated with equal respect by the court in agreeing to hear questions of Constitutionality. A lot of “pro gun” organizations were okay with NOT pressing the issue as long as the court wasn’t potentially conservative enough to assure a verdict in their favor. Now that the “liberal” Justices are seemingly in the minority, more pro gun organizations are beginning to want Second Amendment cases to be heard.

    There has to be an actual appealed court case pending before the SCOTUS, in order for them to take up the case. Alesha, you asked specifically about “assault rifle” bans, it looks like the closest case to be pending, is the last one mentioned in this article from back in August (involving the state of Massachusetts):
    https://dailycaller.com/2018/08/24/potential-gun-related-cases-that-could-reach-the-supreme-court/
    And I note, it may not be appealed until first quarter of 2019. By then, the court would have already decided on what cases they want to hear for this session. But of course, they could agree to hear one of the other handgun cases (as an example).
     
    Last edited: Nov 19, 2018
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  4. tarosean

    tarosean Well-Known Member

    Apr 7, 2013
    No I dont... It will only get worse as the years go by.
     
  5. Dallas Knight

    Dallas Knight Max Otto von Stierlitz

    Jun 22, 2015
    President Trump has flown under the radar and done an unusually great job of filling vacant judiciary seats on the federal court level - those judgeships from whence SCOTUS nominees are typically drawn. So, while not widely reported, Trump has prepared for the future in the best manner he possibly could. Not since the early days of Bill Clinton have so many federal District and Appellate judge vacancies been filled.
     
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  6. Alexy

    Alexy Well-Known Member

    372
    Oct 30, 2016
    I've seen how he's consistently and quietly confirming these judges. I am pleased :)
     
  7. Alexy

    Alexy Well-Known Member

    372
    Oct 30, 2016
    I understand your point of view completely. I just wish that they'd do something soon. I know gun groups wanted to leave well enough alone, but it's time for the Supreme Court to hear one of the 'assault' weapon cases, as they're very unconstitutional. If they take one up I'm certain they'll declare it unconstitutional.

    I couldn't believe it when they struck down DC's handgun ban and Chicago's too.
     
  8. Dallas Knight

    Dallas Knight Max Otto von Stierlitz

    Jun 22, 2015
    I wouldn’t be surprised if they don’t pick some relatively minor hand gun/concealed carry case before long. But I personally also wouldn’t mind them waiting, to up the count by another conservative Justice. Close votes like five to four split decisions don’t hold up as well when it comes to establishing lasting legal precedents. (It’s why I’m hoping Trump gets another SCOTUS pick before long).
     
  9. Dallas Knight

    Dallas Knight Max Otto von Stierlitz

    Jun 22, 2015
  10. Alexy

    Alexy Well-Known Member

    372
    Oct 30, 2016
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  11. Dallas Knight

    Dallas Knight Max Otto von Stierlitz

    Jun 22, 2015
    Last edited: Nov 28, 2018
  12. Chief1297

    Chief1297 Active Member

    100
    Feb 10, 2018
    Not with the Bush pick leading the charge....
     
  13. Gimpster

    Gimpster Kevin G Supporting Addict

    Apr 6, 2017
    And.....if Thomas is planning to retire anytime within the next say 10 to 15 years would it be best to see him retire now while we have a Republican President. I know he's only 70 but I'd hate for another "Scalia" situation.
     
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