Is it important which gun case gets to SCOTUS first?

[Aim1]

From what I know of SCOTUS they normally rule very narrowly and only on what the case before them asks.

If I'm correct the case of Kolbe v. Hogan requires 3 things to be ruled on, are assault weapons (semi-automatic weapons) and high capacity magazines (standard capacity magazines) legal under the Constitution and what level of scrutiny does the 2nd Amendment require?


A similar case that was recently declined to be heard by the United States Supreme Court was Friedman v. City of Highland Park which only asks if assault weapons and high capacity magazines are legal, not the level of scrutiny.


If I'm correct, if SCOTUS granted cert to Kolbe vs. Hogan and ruled that assault weapons and high capacity magazines were legal and that strict scrutiny would be required for the 2nd Amendment, that'd be great and any other laws infringing upon the 2nd Amendment would face strict scrutiny fro then on.

However, if they took the Friedmand vs. Highland Park case and ruled that assault weapons and high capacity magazines were legal but didn't rule on what level of scrutiny is required then other cases 2nd Amendment cases could be lost because courts could use intermediate scrutiny. This is all speculation on my point and I'm not a lawyer, so this entire post is really a question.




So, is it important which gun case SCOTUS takes next?







http://www.slate.com/articles/news_..._may_finally_have_to_take_a_new_gun_case.html

Appeals court deals blow to Maryland gun control law

Michael Dresser The Baltimore Sun February 4th, 2016

A Federal appeals court dealt a potentially serious blow to Maryland's landmark 2013 gun control law and similar measures across the country, ruling Tuesday that a lower court was wrong when it upheld the state's ban on assault rifles.

In a 2-1 decision applauded by gun rights advocates, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit concluded that the semiautomatic weapons and high-capacity magazines banned by Maryland's Firearm Safety Act "are in common use by law-abiding citizens." As a result, they don't fall under the exception to the right to bear arms that applies to "unusual" weapons such as machine guns and hand grenades, the court said.

The judges sent the challenge to Maryland's gun law back to the U.S. District Court with instructions to apply the difficult constitutional test of "strict scrutiny" when considering whether the ban violated the Second Amendment. Previously, U.S. District Judge Catherine C. Blake had found the ban constitutional under the less-stringent test of "intermediate scrutiny."

 

[old lady new shooter]

From what I know of SCOTUS they normally rule very narrowly and only on what the case before them asks.

If I'm correct the case of Kolbe v. Hogan requires 3 things to be ruled on, are assault weapons (semi-automatic weapons) and high capacity magazines (standard capacity magazines) legal under the Constitution and what level of scrutiny does the 2nd Amendment require?


A similar case that was recently declined to be heard by the United States Supreme Court was Friedman v. City of Highland Park which only asks if assault weapons and high capacity magazines are legal, not the level of scrutiny.


If I'm correct, if SCOTUS granted cert to Kolbe vs. Hogan and ruled that assault weapons and high capacity magazines were legal and that strict scrutiny would be required for the 2nd Amendment, that'd be great and any other laws infringing upon the 2nd Amendment would face strict scrutiny fro then on.

However, if they took the Friedmand vs. Highland Park case and ruled that assault weapons and high capacity magazines were legal but didn't rule on what level of scrutiny is required then other cases 2nd Amendment cases could be lost because courts could use intermediate scrutiny. This is all speculation on my point and I'm not a lawyer, so this entire post is really a question.




So, is it important which gun case SCOTUS takes next?







http://www.slate.com/articles/news_..._may_finally_have_to_take_a_new_gun_case.html

Slightly off-topic but I'd like to suggest that we always write "assault weapons" with quotes around it, otherwise it looks like we agree there actually is such a thing.

 

[Aim1]

Slightly off-topic but I'd like to suggest that we always write "assault weapons" with quotes around it, otherwise it looks like we agree there actually is such a thing.

Not a bad idea.