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Ciolek v NJ - May-issue challenge

Started by Euler , Aug 22 2019 10:52 PM

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7 replies to this topic

#1 Euler

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Posted 22 August 2019 - 10:52 PM

... the "other" may-issue challenge at the US Supreme Court, besides Cheeseman.

Docket

NJ filed its opposition brief today, 2 weeks early. NJ's rep for this case is the Morris County DA.

Morris County DAs must not be real lawyers. Real lawyers never file anything early.

NJ argues mootness by doubling down on "justifiable need." Previously justifiable need was not defined in the statute. NJ recently amended the law to define justifiable need as "evidenced by serious threats, specific threats, or previous attacks."

It also argues that there is no circuit split on the constitutionality of may-issue, and that may-issue survives intermediate scrutiny.

Edited by Euler, 22 August 2019 - 11:07 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.

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#2 press1280

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Posted 24 August 2019 - 05:52 PM

NJ is by far the most arrogant of all the may issue states. They argue no split based on allowing someone to carry at their own business and target ranges exc but DC doesn't (which I'm not sure about). Also a mainstay of NJ is claiming that since their state courts upheld the law then there's no need for Scotus to take the case.
It is a little odd that they are speeding this case forward while stalling with Cheeseman. There's so many cases being held right now that it just seems to be a moot point to race this one forward with Rogers and others already there.

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#3 Euler

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Posted 24 August 2019 - 07:17 PM

...
It is a little odd that they are speeding this case forward while stalling with Cheeseman. ...

NJ is represented by the Morris County DA for Ciolek.
NJ is represented by the Glouchester County DA for Cheeseman.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.