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NYSRPA v Bruen (Corlett) - May-issue challenge


Euler
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For some reason, the original topic has been locked.

 

Docket

 

Quote

 

On 4/26/2021 at 11:12 AM, press1280 said:

Cert granted!

 

They've limited the scope of the case, though.

Order of the court said:

The petition for a writ of certiorari is granted limited to the following question: Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.

 

The original question was:

Petition for certiorari said:

Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.

 

 

Oral arguments have been scheduled for November 3.

 

Edited by Euler
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  • 1 month later...

Here is the amicus brief filed by Senators Whitehouse, Hirono, Blumenthal, Gillibrand and Senator Dick Durbin.

 

https://www.whitehouse.senate.gov/imo/media/doc/New York Rifle & Pistol Association v. New York (Whitehouse amicus FINAL).pdf

 

The brief asked the Supreme Court to turn down New York State Rifle & Pistol Association's petition to have the Supreme Court hear the case.  Of course the Supreme Court has decided to hear the case.  

 

The brief contains a threat to the current Supreme Court if the court doesn't obey them:

 

Quote

The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.  

 

 

 

 

 

 

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On 10/3/2021 at 1:54 PM, C0untZer0 said:

The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.  

I certainly hope SCOTUS views that for what it is, an insult followed by a threat and shows Durbin and Co. what the Constitution means. 

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  • 2 weeks later...
On 10/14/2021 at 7:49 PM, mab22 said:

If successful, what would this do for Illinois? 
Guessing nothing?

 

I've seen some people saying online that a favorable decision would mandate permitless carry everywhere. The reality is more like "shall issue" would replace "may issue" for states that are "may issue." Illinois is already "shall issue," so it shouldn't affect us.

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Recent dissents from denials of certiorari petitions suggest that some Justices may wish to clearly define the level of scrutiny applied to come to the decision that Euler predicts above.  I think that there are two things to watch in this case:  obviously, the outcome and legality of "may issue" but also whether the framework for deciding the matter is transferrable to other second amendment cases.  Predicting SCOTUS decisions is a bit of a lost cause, but "how" they decide can sometimes be more important that "what" they decide.

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I was listening to the radio on the way to work today, and they were talking about this, the NRA I guess is involved and said they are going to argue that the way NY's process is clearly violates the 2nd Amendment.  So their argument from what I remember was going to be that they need to rule in favor of allowing people the right to bear arms, because otherwise, if you don't uphold the one amendment, then basically you'd weaken the other amendments as well.  Can't remember the exact wording, but it seemed to be to that effect.  

Edited by illinois_buckeye
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