Analysis: Illinois Tempts Fate in SCOTUS Defense of AR-15 Ban

[springfield shooter]

From "The Reload".

 

https://thereload.com/analysis-illinois-tempts-fate-in-scotus-defense-of-ar-15-ban/

[Euler]

The Reload said:

Illinois may have just increased the odds the Supreme Court takes up an "assault weapons" ban case sooner than later.
...
However, some recent arguments raised in the legal fight over an Illinois AR-15 ban may tempt the Court to intervene. This week, the State of Illinois filed its brief in opposition to the several pending cert petitions seeking to reverse the Seventh Circuit's ruling in Bevis v. City of Naperville. In it, Illinois made several arguments the majority of the Court might feel the need to rebut.

The first is the embrace of the purported new Bruen "two-step test" many courts have adopted. Under this reading of Bruen, the burden is first on plaintiffs challenging a law to show the Second Amendment is implicated before the all-important historical analysis even occurs. This approach is erroneous because Bruen clearly calls for a one-step test. Surely, the Court did not intend to replace the two step, tiers-of-scrutiny analysis it explicitly rejected with yet another two-step test. As the Court said, "[d]espite the popularity of th[e] two-step approach, it is one step too many."
...
The second argument that may invite early Supreme Court scrutiny is closely related to the first: Illinois' contention that the Seventh Circuit was correct in concluding that so-called "assault weapons" are not even "arms" protected by the Second Amendment. ...
...
Finally, at least some Justices may take issue with Illinois' and the Seventh Circuit's argument that the popularity of the banned firearms is not enough to grant them any protection. ...
...

[ragsbo]

I won't be holding my breath! Hoping with fingers crossed, but not really expecting

[Dumak_from_arfcom]

 

Illinois said the quiet part out loud.  The lower courts aren't following Bruen and are still doing their own thing.

 

 

[JTHunter]

The actions of these "rogue" courts and the pols who pass these criminal laws remind me of the old expression - "Hoist on their own petard" - i.e. - destroyed by the very device (the petard) with which one meant to destroy others.

[EdDinIL]

On 4/21/2024 at 8:52 PM, Dumak_from_arfcom said:

Illinois said the quiet part out loud.  The lower courts aren't following Bruen and are still doing their own thing.

Is there some high-level chess being played that we're missing?  Is there some long-running "nullify SCOTUS" plan in play because SCOTUS actually has no means to enforce its own rulings other than what the executive branch chooses to enforce?  

[yurimodin]

On 4/22/2024 at 8:21 AM, EdDinIL said:

Is there some high-level chess being played that we're missing?  Is there some long-running "nullify SCOTUS" plan in play because SCOTUS actually has no means to enforce its own rulings other than what the executive branch chooses to enforce?  

I think its just institutionalism. Of the bureaucracy, by the bureaucracy, and for the bureaucracy shall not perish from this earth.

 

Also remember these communist oath breakers don't actually believe in the constitution or bill of rights. (As seen by covid policy, treatment of J6 tourists, and the current Soviet show trial in NY). And for the few times they do care about the constitution its "living and breathing". Besides it was written by a bunch of rich white slave owners so we have to throw it all out for "muh equity". 

 

Who here remembers Capitol Fax Blog mental gymnastics after the passage of PICA because "The Bill of Rights were added later so this is OK".

 

The next evolution of Rush's "Liberals are Liberals first" is "Communists are Communists first".

[Dumak_from_arfcom]

On 4/22/2024 at 9:24 AM, yurimodin said:

 

 

The next evolution of Rush's "Liberals are Liberals first" is "Communists are Communists first".

 

There you go.  Nailed it. 

[BobPistol]

Sociopaths are sociopaths first.

 

Whether you call them "liberal" "communist" or whatever.     Sociopaths in power = they only work for themselves and their cronies.