SCOTUS Judge Gorusch confirmed: many think he'll rule on 2nd Amendment cases in the near future

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Fingers crossed...but does anyone see the problem, that one man in the right/wrong place can determine our Constitutional core, fundamental rights for the conceivable future? SCOTUS wasn't meant to have that much power originally. We have to hope for a single person to retire, one person, at the right time, to ensure our rights for...until two other people retire/die and an anti rights Admin is in power? How many SCOTUS decisions were overturned by later courts, and for something this contentious, it would be on the table.
I am hopeful for the future, but not for my son's future.
I don't agree. McDonald v Chicago is in the books. It's been set as a ruling by the Supreme court and can't be just thrown out lightly by a later court.
Yes things can change but I think were're in good shape.
 
He's an originalist, meaning he tries to take personal opinion out of the decision and look at it strictly as the original writers of the Constitution meant. That indicates he'll be pro 2nd Amendment.
Exactly how all members of the court should be and with the exception of the liberals pretty much are.
 
Exactly how all members of the court should be and with the exception of the liberals pretty much are.
There are several ways Justices can approach the Constitution and several of them fall into what we often thing of as a "conservative" approach.

Textualism -- not very common, but holds to reading the exact words there and using the exact definitions of those words. If the writer said "horse" then this applies only to HORSES, period.
Originalism -- more common. Holds to trying to figure out what exact thing the writer meant and applying only that meaning. If the writer said "horse", and that was the means of transportation at the time, this passage applies to means of personal conveyance. So, now it can mean "car."
Strict constructionism -- Constructionism looks at lots of supporting contextual information to determine the overall jist of what the writer was getting at. If the writer was talking about going someplace by horse, then this can be applied today to any mode of transport as it describes the original writer's intention to protect a freedom of travel.

But those interpretative approaches don't seem to be all that predominant today. Many decisions are made with reference to precedent set by other cases. And that's not originalism, at all. And it seems fairly rare to see decisions that look to originalism or construcitonism and ignore the way the Court's own interpretations over the centuries have shaped how we interpret the Constitution (which is called Doctrinalism). So I think it's not quite right to say that only "liberal" Justices are not originalists. Scalia is often cited as an originalist, but how originalist he really was is probably debatable.

We in the gun community (often, at least most of us) love an originalist interpretation of the 2nd Amendment, and most of us really enjoy a good constructionist interpretation as well (since you can make the 2nd A out to be even more agreeable if you look at the state of private armaments ownership at the time of its writing).

But it's much more difficult to really REALLY be an originalist all day, every day, in every way. Sort of like claiming to be libertarian. It works GREAT for gun rights, and for lots of other pretty straightforward things. It gets a lot harder to find insight in a strict libertarian viewpoint when trying to sort out a rather vast number of other matters.

We've put a lot of weight behind Gorusch, and pinned a lot of hopes on his seating on the Court. It will be interesting to see how that really goes, how fast and how strictly origininalist. I hope for the very best!
 
Regardless of the Court's makeup, I don't think it will be too eager to take gun cases soon. Let's wait and see.
 
I hope he's as much of an Origionalist as purported. I think that would be very good for 2A, unlike some of the other neocon appointments, as in not so much. :scrutiny:
 
It is crazy. However, someone has to make the final decision and rather a group of 9 then a singular person like a king.
No, the problem is the final decision was made, and made abundantly clear centuries ago (if not millennia), but the group that didn't like it keeps trying to have courts re-make that decision in their favor. Normally this behavior is labeled 'contempt of court' and penalized if I'm not mistaken.

There's a very real reason that pro-gun arguments don't hardly ever get to be made at the high levels, and it's because the anti-gun/state side is smart enough to not give us bites at that apple very often (not because our side 'chooses' not to appeal). Doubtless they'll keep attacking Heller even if it's upheld a third time via Peruta.

TCB
 
Fingers crossed...but does anyone see the problem, that one man in the right/wrong place can determine our Constitutional core, fundamental rights for the conceivable future? SCOTUS wasn't meant to have that much power originally. We have to hope for a single person to retire, one person, at the right time, to ensure our rights for...until two other people retire/die and an anti rights Admin is in power? How many SCOTUS decisions were overturned by later courts, and for something this contentious, it would be on the table.
I am hopeful for the future, but not for my son's future.

Yes, and I can see the Founding Fathers up there looking down saying, "We knew you guys would screw this up."
 
Yeah, in a lot of ways, he's Scalia Jr.

I'm tremendously unhappy with some of his positions that fall outside of forum discussion purposes, but he is unusually well qualified and he is a strong supporter of the 2nd Amendment.

That's not so bad, I suppose.
 
http://www.bbc.com/news/world-us-canada-39556904

According to the article:


Other cases which deadlocked between the eight current justices may be reheard now that there is a ninth justice in place to break the tie on America's highest court.



Looks like Justice Gorsuch could be a deciding factor in whether to grant cert to Peruta v. San Diego almost immediately.


Peruta v San Diego

This takes up a lower court ruling that said the second amendment alone did not grant California gun owners the right to carry a concealed weapon in public places. The ruling granted counties the right to apply additional tests before granting a permit, including whether the applicant showed "good cause" to require it.

The argument essentially boils down to whether the existing right to gun ownership for self defence at home extends to carrying a concealed weapon in public places.

"Any prohibition or restriction a state may choose to impose on concealed carry - including a requirement of 'good cause,' however defined - is necessarily allowed by the [Second] Amendment," said the lower court ruling.
 
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How old is Ginsberg now? 90? She is got to be leaving soon either by her choice or Gods
 
You would think at 84 years old,she would enjoy whats left of her hopefully short life. It makes one wonder how well they really have it.
 
Being able to sleep with impunity through your very-important job and still be highly respected by your peers seems quite enjoyable, if you ask me ;)

Looks like Justice Gorsuch could be a deciding factor in whether to grant cert to Peruta v. San Diego almost immediately.
Now that the court is back to its 5-4 anti-gun level before Scalia passed, this is not a winning strategy. To be fair, as slow as things go, Kennedy could resign as is being rumored before they'd actually rule on a case granted cert in the near term. Who knows, though, perhaps this is the one time the liberals see reason (they do occasionally when it comes to things like allowing even elected officials to make decisions purely at their own discretion, often to their own direct benefit as with that Sheriff in CA who was selling approvals for campaign donations), but I'm not holding my breath. Caetano was unanimous, after all (but obviously didn't trip the "GUN!" :eek: sensor in their little heads, either)

TCB
 
Caetano was unanimous, after all (but obviously didn't trip the "GUN!" :eek: sensor in their little heads, either
In Caetano, the Massachusetts Supreme Court said that the Second didn't apply to stun guns because they ""were not in common use at the time of the Second Amendment’s enactment" and that stun guns were "dangerous per se at common law and unusual" because they were "a thoroughly modern invention". This flagrantly ignores Heller's crystal clear instructions:

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, ... and the Fourth Amendment applies to modern forms of search, ... the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

DC v Heller, page 8

Regardless of how an individual Supreme Court justice may feel about the issue at hand, they simply cannot allow a lower court to blatantly ignore existing Supreme Court decisions. Not if the word "Supreme" is going to mean anything.
 
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Considering how Heller has been largely ignored by all the usual characters in subsequent years besides the boldly obvious blanket bans on ownership via more convoluted workarounds, and we've yet to have a case examined with strict scrutiny that I'm aware of...
 
Reported today that Justice Gorsuch will be consulting with his new colleagues this week on deciding whether or not to hear the 9th Circuits reversal on "good cause" for legal carry in California.
 
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Considering how Heller has been largely ignored by all the usual characters in subsequent years besides the boldly obvious blanket bans on ownership via more convoluted workarounds, and we've yet to have a case examined with strict scrutiny that I'm aware of...


I thought it was already ruled that intermediate scrutiny was applied to the 2nd.
 
I thought it was already ruled, multiple times, that strict scrutiny applied to civil rights infringements? Namely when the annihilation of a right is in play. We do have a right to keep and bear arms, "keep" implies the home which Heller explicitly ruled was protected, "bear" should refer to at least some portion of the outside world which the same figures opposing Heller now claim we don't have a right to carry in either (via prohibitive licensing schemes).
 
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