SCOTUS Relists NY State Rifle & Pistol Assoc v City of NY

[marvin02]

Found this one in the National Review while following above links:

https://www.nationalreview.com/2019...nest-attempt-to-squelch-a-gun-rights-lawsuit/

 

[historian]

Actual brief here:
https://www.supremecourt.gov/Docket...259076_18-280bsacSenatorSheldonWhitehouse.pdf

As a (mostly former) practitioner - yeah, the rhetoric is really bad. In the Indiana Supreme Court, I've seen rhetoric like than that admonished in a footnote about civility.



Fortunately (or unfortunately) it masks pretty straightforward mootness arguments that every amicus on that side of the fence is making. So, assuming they can wade through the political posturing, it probably won't make a difference.

ETA:
I did not know Sheldon Whitehouse is a lawyer. Apparently, he filed the amicus as "Counsel of Record" for himself.

First, there's an old saying, "An attorney who represents himself has a fool for a client." Case. Made.

Second, the court, and whatever jurisdictions in which he holds a license, can hold him responsible for the content of his filings. Not that they actually will, but they can.

I guess Gillibrand is just trying to get attention now. The other joiners are "expected."

 

[T.Lex]

Its a little bit ironic, though, right? A politician/lawyer files a SCOTUS amicus brief suggesting other amici have ulterior motives for hidden agendas. Totally non-self-aware that the political motives and agenda for the screed are similarly veiled.

Or obvious.

I SO hope Justice Thomas unleashes on him.

It'd be really cool to meet Thomas in real life and find out what his interests are....

 

[historian]

It'd be really cool to meet Thomas in real life and find out what his interests are....

If only we had known someone who sat next to Thomas...

The two Justices I would like to meet are Sotomayor and Roberts.

 

[T.Lex]

Looks like oral argument is set for December. They'll have to figure out mootness first, but I think they already decided that.

 

[historian]

So...here is a question...I wonder if the Senators shot themselves (pun intended) with that brief. By attacking the court, rather than the case, I wonder if they might have moved a couple of votes to the majority for the purpose of protecting the institution. I could almost see a more narrow decision than we would like just because it would be 7-2 because the Senators made some people mad.

 

[T.Lex]

Hard to tell.

There are many tea leaves to read.

 

[Alamo]

...

It'd be really cool to meet Thomas in real life and find out what his interests are....

I read some years back that the likes to travel in an RV and fish when SCOTUS is not in session. Invite him to Indiana for a fishing trip!

 

[Spear Dane]

Has there been any discussion by our resident beagals from legal regarding how this case could affect current cases like the bump stock ban or possible pending legislation regarding AR's and mags?

 

[T.Lex]

Has there been any discussion by our resident beagals from legal regarding how this case could affect current cases like the bump stock ban or possible pending legislation regarding AR's and mags?

Those particular tea leaves are particularly inscrutable.

 

[historian]

They were agency decisions, so until Chevron is completely flipped, nothing much will happen.

 

[Phase2]

SCOTUS has scheduled arguments in this case for December 2nd. This will be very interesting to follow. Stock up on popcorn.

SCOTUS Schedules NY State Rifle & Pistol Association Case for December 2

 

[DadSmith]

SCOTUS has scheduled arguments in this case for December 2nd. This will be very interesting to follow. Stock up on popcorn.

SCOTUS Schedules NY State Rifle & Pistol Association Case for December 2

I wonder if it will get National news coverage lol.

 

[KLB]

They were agency decisions, so until Chevron is completely flipped, nothing much will happen.

Gorsuch has already spoken out about how bad Chevron is, as has Thomas.

I don't have faith that Kavanaugh would go against it though.

 

[historian]

Mootness will be discussed at arguments:

https://www.scotusblog.com/2019/10/new-york-gun-case-to-move-forward/

https://www.supremecourt.gov/orders/courtorders/100719zor_m648.pdf

 

[Raskolnikov]

Mootness will be discussed at arguments:

https://www.scotusblog.com/2019/10/new-york-gun-case-to-move-forward/

https://www.supremecourt.gov/orders/courtorders/100719zor_m648.pdf

Despite the court's statement that it will proceed, mootness is still a real concern. Cases can still proceed when moot, but under limited circumstances. I think the argument can be made that New York's conduct was capable of repitition (there or elsewhere).

Here's a good primer on mootness:

https://www.everycrsreport.com/reports/RS22599.html#_Toc230583185

 

[T.Lex]

My tea leaves suggest that mootness will be quickly dismissed at oral argument, and get a few paragraphs in the opinion, but that's about it.

What's more, even if SCOTUS indulges the mootness, they can still provide direction to lower courts on how to deal with both the substantive issue and the mootness issue.

 

[KLB]

My tea leaves suggest that mootness will be quickly dismissed at oral argument, and get a few paragraphs in the opinion, but that's about it.

What's more, even if SCOTUS indulges the mootness, they can still provide direction to lower courts on how to deal with both the substantive issue and the mootness issue.

A few paragraphs from the Liberal justices?

 

[T.Lex]

A few paragraphs from the Liberal justices?

Oh, in dissent doesn't really matter.

I'm not sure who the lead opinion author will be, but the mootness probably won't be a big deal.

If the (inevitable) dissent wants to make a big deal out of it, so be it. And honestly, I'm not sure they will. It doesn't take that many words to say, "Hey, you got the result you wanted, why are you wasting our time?"

 

[KLB]

Oh, in dissent doesn't really matter.

I'm not sure who the lead opinion author will be, but the mootness probably won't be a big deal.

If the (inevitable) dissent wants to make a big deal out of it, so be it. And honestly, I'm not sure they will. It doesn't take that many words to say, "Hey, you got the result you wanted, why are you wasting our time?"

Like that usually stops them.