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2nd Circuit responds to SCOTUS on New York carry law


Tvandermyde

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On 1/4/2023 at 6:31 PM, Tvandermyde said:

No I'm looking for the response from the 2nd circuit Court of Appeals, I thought the Court of Appeals sent something but maybe I'm mistaken

 

If you read over what I linked it touches on the same exact points in the same exact order as pointed out in the video, it would appear he was talking about NY's response, not a response from the 2nd itself...

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On 1/4/2023 at 7:19 PM, Flynn said:

 

If you read over what I linked it touches on the same exact points in the same exact order as pointed out in the video, it would appear he was talking about NY's response, not a response from the 2nd itself...

 

 

thanks, he made it sound like the Court itself gave a response  

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Statistically, NY is right.  The US Supreme Court takes very few cases of the thousands that request review and even fewer second amendment cases so I don't expect the Supreme Court to focus on that issue.  The real question is does the 2nd Circuit need to  provide a  reason for the stay, and, if so, how much of a reason.

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On 1/11/2023 at 12:00 PM, Upholder said:

Today, SCOTUS declined to intervene at this point and overturn the 2nd Circuit's ruling that itself overturned the District court's stay.  There were no dissents, but Thomas and Alito noted that it was not a decision on the merits of the case:

 

 

 

https://www.msn.com/en-us/news/us/us-supreme-court-lets-new-york-enforce-new-gun-restrictions/ar-AA16e04c

 

"No justice publicly dissented from the decision, but Justice Samuel Alito, writing for himself and fellow conservative Justice Clarence Thomas, described the court's action as procedural (emphasis mine) "rather than expressing any view on the merits of the case.""

 

"Wednesday's action may not be the last time the Supreme Court addresses New York's new gun law. Alito and Thomas noted that other challenges to the state's law are currently on a fast-track in the 2nd Circuit and invited plaintiffs to return to the Supreme Court if that appeals court does not expedite the proceedings in their case as well." (Emphasis mine.)

 

In the interest of transparency: I got the link above from another post here at IC, than couldn't find it again. Not trying to steal anyone's thunder. Thanks for the link.

 

 

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  • 2 months later...

 

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NEW: The Second Circuit panel that will hear five Second Amendment cases on Monday is Judges Jacobs, Lynch, and Lee

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This is an anti-gun panel, so it will be interesting to see if they uphold everything (the most likely scenario to convince SCOTUS to take it) or strike down some things and/or throw it out based on standing to try avoiding SCOTUS review

 

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