2A cases in the hopper for SCOTUS

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  • Alamo

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    SCOTUSBlog also lists the cases: https://www.scotusblog.com/2020/04/...nd-amendment-cases-set-for-friday-conference/

    The Volokh and SCOTUSBlog posts have links to the documents on the case.

    A brief list of the cases:

    [FONT=&amp]Mance v. Barr – challenge to ban on interstate handgun sales[/FONT]

    [FONT=&amp]Rogers v. Grewal – challenge to New Jersey handgun permit scheme[/FONT]

    [FONT=&amp]Ciolek v. New Jersey – another challenge to New Jersey handgun carry permit scheme.[/FONT]

    [FONT=&amp]Cheeseman v. Polillo – yet another challenge to New Jersey handgun carry permit scheme.[/FONT]

    [FONT=&amp]Pena v. Horan – challenge to California Unsafe Handgun Act[/FONT]

    [FONT=&amp]Gould v. Lipson – challenge to Massachusetts’ handgun carry permit scheme, carry outside of home for self-defense[/FONT]

    [FONT=&amp]Worman v. Healey – challenge to Massachusetts ban on the "assault weapons" and "large-capacity" magazines.[/FONT]

    [FONT=&amp]Malpasso v. Pallozzi – challenge to Maryland’s handgun carry permit scheme, carry outside of home for self-defense[/FONT]

    [FONT=&amp]Culp v. Raoul – challenge to Illinois' refusal to offer carry permits to residents of other states[/FONT]

    [FONT=&amp]Wilson v. Cook County – Challenge to Cook County’s ban on assault rifles and large-capacity magazines[/FONT]

    [FONT=&amp]SCOTUS will publish and Orders List on Monday announcing which cases they have decided to review.[/FONT]
     

    Alamo

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    Oh, and McGirt v Oklahoma.

    It's not a 2A case, but the outcome may significantly affect state-level exercise of 2A rights for a significant portion of the country, i.e. half of Oklahoma.

    When the Creek Nation was booted out of southeast US in 1830s, they were sent to an Indian Territory that now includes eastern Oklahoma, and historically that area was regarded as a "reservation." The State of Oklahoma was formed in 1906, and since then state and federal laws have been applied to eastern Oklahoma just like the rest of the state. State and federal authorities read the formation of the State of Oklahoma as terminating the reservation status. Apparently SCOTUS precedent is that an Indian reservation loses its status as a "res" when there is a federal statute that explicitly ends its status as a reservation, and the statute authorizing the formation of the State of Oklahoma is apparently not so explicit. (Note: State of Oklahoma has recently changed its position from "it lost its reservation status" to "it never was a reservation.")

    The SCOTUS has two cases in which convictions under Oklahoma state law are being contested based on the defendants' tribal membership and the fact that the crimes occurred in eastern Oklahoma. If SCOTUS decides eastern Oklahoma is an Indian reservation, then state law does not apply in that area, and that would seem to me to affect more than just the crimes in these cases.

    More details here: https://www.scotusblog.com/2020/04/...ation-status-of-eastern-oklahoma/#more-293501
     

    GodFearinGunTotin

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    Orders List: https://www.supremecourt.gov/orders/courtorders/050420zor_k5fl.pdf

    None of the 2A cases appear in the orders, which on one hand is good, 'cuz most the orders are denial of certiorari, but bad on the other since it means they will not be resolved in the immediate future. The justices will hold another conference on Friday 08 May to consider further cases for cert...or not.

    I saw this news on another site. I guess they’re still waiting for the “right case”?
     

    GodFearinGunTotin

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    Well, maybe, but like I said they haven't yet said "not hearing this" to any of the like they did NYS Rifle and Pistol case. So it appears they are still in play.

    Yeah, if there is a silver lining to this, that would be it, I suppose.
     

    GIJEW

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    Oh, and McGirt v Oklahoma.

    It's not a 2A case, but the outcome may significantly affect state-level exercise of 2A rights for a significant portion of the country, i.e. half of Oklahoma.

    When the Creek Nation was booted out of southeast US in 1830s, they were sent to an Indian Territory that now includes eastern Oklahoma, and historically that area was regarded as a "reservation." The State of Oklahoma was formed in 1906, and since then state and federal laws have been applied to eastern Oklahoma just like the rest of the state. State and federal authorities read the formation of the State of Oklahoma as terminating the reservation status. Apparently SCOTUS precedent is that an Indian reservation loses its status as a "res" when there is a federal statute that explicitly ends its status as a reservation, and the statute authorizing the formation of the State of Oklahoma is apparently not so explicit. (Note: State of Oklahoma has recently changed its position from "it lost its reservation status" to "it never was a reservation.")

    The SCOTUS has two cases in which convictions under Oklahoma state law are being contested based on the defendants' tribal membership and the fact that the crimes occurred in eastern Oklahoma. If SCOTUS decides eastern Oklahoma is an Indian reservation, then state law does not apply in that area, and that would seem to me to affect more than just the crimes in these cases.

    More details here: https://www.scotusblog.com/2020/04/...ation-status-of-eastern-oklahoma/#more-293501


    Off topic but it's interesting that a federal statute can end reservation status and any semblance of tribal soveriegnty, but then, treaty violations were how those reservations got established anyway. Still moving goal posts. "Don't want beads and other trade goods? Here, have a casino"
     

    Bigtanker

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    There is a theory that Roberts is a huge question mark on the 2A and the other 4 pro 2A justices are kinda afraid he'd vote the wrong way.
     

    GodFearinGunTotin

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    There is a theory that Roberts is a huge question mark on the 2A and the other 4 pro 2A justices are kinda afraid he'd vote the wrong way.

    That is what was mentioned in an article I just read. If true, I renew my lament...frickin’ republicans and their SCOTUS nominees. Why is it that the democrat nominees only grow stronger and bolder in their positions while the republican nominees usually grow meeker and/or turn on theirs?
     

    Ark

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    There is a theory that Roberts is a huge question mark on the 2A and the other 4 pro 2A justices are kinda afraid he'd vote the wrong way.

    It's a lot more than a theory. I think Roberts has turned coat and is now a full-blown enemy of the 2A. The only reason the other 4 are declining to grant cert on their own authority is Roberts threatening to side with the Democrats against them.
     
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