A few questions about the next 2nd Amendent SCOTUS case

[usmarine0352_2005]

.

It appears that an important 2nd Amendment case will be ruled on in the next few years. I am not sure what the scope of the case will be but it may be if weapons can be carried outside of the home and in which manner they can be carried (open/concealed/both).



1.) What do you think the next 2nd Amendment SCOTUS case will be?




2.) What do you think our chance of getting a positive ruling will be?




3.) What will happen if it is a negative ruling?




4.) Do you think the make up of SCOTUS will be different by the time the next 2nd Amendment case is ruled on?




5.) If it is whether or not carry is legal outside the home and we get a negative decision what will happen?




6.) When do you think the next 2nd Amendment SCOTUS case will be heard and when will the ruling be?

.

 

[usmarine0352_2005]

.

Anyone?
.

 

[Bubbles]

1.) What do you think the next 2nd Amendment SCOTUS case will be?
Heller II, which covers the following:
- ban on semi-automatic rifles,
- ban on magazines that hold > 10 rounds,
- onerous and expensive registration process.

2.) What do you think our chance of getting a positive ruling will be?
If the makeup of the court doesn't change, 100%.

3.) What will happen if it is a negative ruling?
?

4.) Do you think the make up of SCOTUS will be different by the time the next 2nd Amendment case is ruled on?
No

5.) If it is whether or not carry is legal outside the home and we get a negative decision what will happen?
This issue is not covered in Heller II.

6.) When do you think the next 2nd Amendment SCOTUS case will be heard and when will the ruling be?
A ruling in Heller II is expected from the DC Circuit Court of Appeals by the end of this year. Expect the losing side to appeal, then they have to grant cert, it has to go through the process... I'd say 2013.

 

[Vern Humphrey]

And I expect that the election of 2012 will mean that the next opening on the Supreme Court will be filled by a justice who respects the Constitution.

 

[usmarine0352_2005]

.

Bubbles, you think Heller II will be decided by SCOTUS first since it is already pretty far in the process?
.

 

[Bubbles]

It wouldn't surprise me. I know there are a lot of other cases out there but I don't think any have progressed as far as Heller II.

 

[TexasBill]

And I expect that the election of 2012 will mean that the next opening on the Supreme Court will be filled by a justice who respects the Constitution.

Maybe, maybe not. The odds are the next justice to retire will be Ruth Bader Ginsberg. She is the oldest justice and has gone through two bouts with cancer. Her replacement would probably be another liberal, but that still won't change the court's makeup as far as Second Amendment cases go.

Always remember that Justices do not always turn out to be what was expected and that there are a number of examples in which a Justice surprised everyone by siding with an opinion that ran contrary to the appointing Chief Executive's preferences. They are appointed for life and their decisions are based on their view of the law and the Constitution.

The biggest problem right now is that the decisions in Heller and McDonald, while welcome, left loopholes big enough to fly a 747 right through with room to spare. In the second Heller case, Judge Urbino was able to justify upholding most of Washington D.C.'s newest set of hurdles while citing the standards set by the original Heller decision.

 

[usmarine0352_2005]

.

Bubbles: Is there a reason why you don't think Masciandaro v. United States or Williams v. Maryland won't be ruled upon first from SCOTUS since they are currently awaiting cert from SCOTUS?
.

 

[LemmyCaution]

And I expect that the election of 2012 will mean that the next opening on the Supreme Court will be filled by a justice who respects the Constitution.

Vern-

You're being awfully naîve. Everyone knows that third party candidates never stand a chance in presidential elections.

 

[usmarine0352_2005]

.


Is there a reason why you don't think Masciandaro v. United States or Williams v. Maryland won't be ruled upon first from SCOTUS since they are currently awaiting cert from SCOTUS?

.

 

[usmarine0352_2005]

.



No one knows?
.

 

[usmarine0352_2005]

.


No one?
.

 

[Librarian]

I don't follow the need for a prediction.

I read ScotusBlog and find out, about as soon as the court grants cert.

THEN it's interesting to speculate on the accepted cases.

 

[Threeband]

The Mother of all Links for national 2A cases:

http://www.mdshooters.com/showthread.php?t=41822

 

[ilbob]

I don't think there are any 2A cases that would get ruled on this term so we probably won't see anything until June of 2013.

 

[husbandofaromanian]

1. What arms are protected by the 2nd (Grenades, Nukes, rimfire pistols)

2. What citizens are protected (under 21, felons)

3. Level of scrutiny.

 

[Vern Humphrey]

1. What arms are protected by the 2nd (Grenades, Nukes, rimfire pistols)

"All the terrible instruments of the soldier" -- Tench Coxe

You can make the case that nuclear devices are not weapons -- they have no battle-fighting capability. Their primary purpose is blackmail and intimidation, but if actually used, they would wipe out civilization -- which is hardly "winning."

2. What citizens are protected (under 21, felons)

All persons are protected. You can make the point that under "Civil Death" felons can lose civil rights.

3. Level of scrutiny.

Strict.