Peņa v. Cid (Handgun Roster) **CERT DENIED 6-15-2020**

[LVSox]

Sure people point to Obama care. I don't like his ruling but rewording the penalty into a tax seems can just as an attempt at expedience as an attempt to legislating from the bench. Noting that just because one side decides to use language they find politically correct doesn't change the facts. Sending the case back just to challenged again using better wording is just a waste of everyone's time.

https://www.bloomberg.com/news/articles/2019-03-01/hold-the-revolution-roberts-keeps-joining-high-court-liberals

[LVSox]

Why in the world do you think that the pro-rights justices would vote to grant cert to the NYSRPA case if they believed that about Roberts? Do you think they (Thomas especially) are morons or something??

They’d have to be to agree to granting cert if they believed or even suspected any such thing about Roberts.

Because they (rightly, IMO) believe they have enough votes for a reversal of the Second Circuit, because they will lobby for as broad of a ruling as they can, because Thomas will draft a concurrence that will be persuasive to the lower courts in future cases, etc. in sum, for all the reasons the Justices vote to grant cert in close cases each and every term.

You surely understand these Justices, despite “not being morons or something,” frequently vote to grant cert on cases believing they’ll have enough votes for a reversal, and are subsequently disappointed by an affirmance, right?

[ritter]

Well, these various phrases under the different standards that are proposed, "compelling interest," "significant interest," "narrowly tailored," none of them appear in the Constitution; and I wonder why in this case we have to articulate an all-encompassing standard. Isn't it enough to determine the scope of the existing right that the amendment refers to, look at the various regulations that were available at the time, including you can't take the gun to the marketplace and all that, and determine how these -- how this restriction and the scope of this right looks in relation to those? I'm not sure why we have to articulate somevery intricate standard.

This could also be read as indicating he'd prefer to stick with text and tradition, as stated in Heller There were no laws prohibiting open carry at the market I'm aware of, so New York's law would fail that test, no new test definition required.

[Uncivil Engineer]

I don't understand the Roberts hate on 2a cases. I have yet to see him come down in the wrong side to deserve the hate. We can't know why a case failed cert. Was he against Caetano? Or maybe Macdonald? Nope. So the only facts we have is so far when a 2a gets cert he votes to protect our rights.

Sure people point to Obama care. I don't like his ruling but rewording the penalty into a tax seems can just as an attempt at expedience as an attempt to legislating from the bench. Noting that just because one side decides to use language they find politically correct doesn't change the facts. Sending the case back just to challenged again using better wording is just a waste of everyone's time.

[kcbrown]

[Sputnik]

I pray that you're wrong but I fear you may be right. It'll be a glad day when one more leftist SC justice retires and is replaced by a Thomas Hardiman or an Amy Barrett.

[Offwidth]

Roberts is a weasel. We need another justice.

[LVSox]

On would think that they would necessarily have to address the standard of review, since the lower court purported to use intermediate scrutiny yet still found that this outrageously stupid law that clearly violates at least two rights if not more passed muster. So the court will either have to find that strict scrutiny applies (hopefully), or sets the bar for intermediate scrutiny, getting rid of th e sliding scale crap all of the liberal courts adopted despite Heller's rejection of such a test.

Well, these various phrases under the different standards that are proposed, "compelling interest," "significant interest," "narrowly tailored," none of them appear in the Constitution; and I wonder why in this case we have to articulate an all-encompassing standard. Isn't it enough to determine the scope of the existing right that the amendment refers to, look at the various regulations that were available at the time, including you can't take the gun to the marketplace and all that, and determine how these -- how this restriction and the scope of this right looks in relation to those? I'm not sure why we have to articulate somevery intricate standard.

[TruOil]

The NY case is such low hanging fruit / slam dunk type of case that IMO doesn't really show whether they will pay attention to 2A issues yet.

On would think that they would necessarily have to address the standard of review, since the lower court purported to use intermediate scrutiny yet still found that this outrageously stupid law that clearly violates at least two rights if not more passed muster. So the court will either have to find that strict scrutiny applies (hopefully), or sets the bar for intermediate scrutiny, getting rid of th e sliding scale crap all of the liberal courts adopted despite Heller's rejection of such a test.

[Sousuke]

We may be facing down disappointment, but at least it won't take long to find out. Given they so recently granted NYSRPA, is this a pipe-dream?

The NY case is such low hanging fruit / slam dunk type of case that IMO doesn't really show whether they will pay attention to 2A issues yet.

[gumby]

Why does not Ginsburg die?

The underworld doesn't want her.

[Offwidth]

Why does not Ginsburg die?

[tenemae]

Distributed for conference of 4/12/2019!

We may be facing down disappointment, but at least it won't take long to find out. Given they so recently granted NYSRPA, is this a pipe-dream?

[thebowser]

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-843.html

Distributed for conference of 4/12/2019!

[ritter]

The bit about how five of the six CA9 2A cases since Heller were originally favorable and then overturned en banc was great (soon enough to be 6 for 6 if Young ever progresses), if not depressing. Maybe that will inspire granting cert? Dream on.