Yes, and vacated the inferior court ruling as well.So they granted cert to this case and remanded it?
If I understand this correctly, you're asking if the lower court rules following the Bruen criteria and overturns the Maryland AW ban, will it be the law of the land. The answer is no, it will only be in effect within the jurisdiction of the court that makes the ruling. If it's the 4th Circuit, that would be the states of MD, WV, VA, NC, SC and Washington DC. However, that ruling could be cited in other jurisdictions. And a split between circuits usually results in the case being passed to SCOTUS to resolve.If Bianchi v. Frosh's ruling is inline with Bruen does SCOTUS not take it back up and it's the law of the land as if SCOTUS ruled on it itself like Bruen?
Yes, and vacated the inferior court ruling as well.
If I understand this correctly, you're asking if the lower court rules following the Bruen criteria and overturns the Maryland AW ban, will it be the law of the land. The answer is no, it will only be in effect within the jurisdiction of the court that makes the ruling. If it's the 4th Circuit, that would be the states of MD, WV, VA, NC, SC and Washington DC. However, that ruling could be cited in other jurisdictions. And a split between circuits usually results in the case being passed to SCOTUS to resolve.
I see that. But, the IL case seems to be hurtling through the courts. Especially as two different Federal District courts have ruled in opposition to each other in just Illinois. The IL cases are going to get mixed up with the "way" they were enacted as much as the obvious over-reach restricting RKBA.most of them are tied up in District courts or are have yet to get a court date for Appeals courts, let alone a decision.
Illinois court just put a hold on our assault weapon/ magazine ban state wide. Gun shops around me are working overtime selling their inventory this weekend. Anticipating an attempt by the state to get a stay of the order Monday by a higher court. Maybe this could go all the way.
It's a different judicial world post Bruen.With SCOTUS only taking apprx. 90 cases a year and only two 2nd Amendment cases in nearly 20 years it's obviously rare for them to take a 2nd Amendment case.
What is the chance of SCOTUS accepting an Assault Weapons Ban / High Capacity Magazine ban case this term or anytime soon?
It's a different judicial world post Bruen.
Justice Amy Barrett, who oversees appeals from the 7th Circuit, just asked city of Naperville which banned AW/magazine to respond by May 8th for Emergency Appeal by National Association for Gun Rights (NAGR)/National Foundation for Gun Rights (NFGR) - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-12#post-12617328
And National Association for Gun Rights v City of Naperville (IL AW/magazine ban) case was just filed in January of this year.
A split in circuit decisions greatly improves the chances of SCOTUS taking a case, but it's not required. SCOTUS has already accepted the Maryland AW ban case, Bianchi v Frosh, and sent it back down to the circuit court to be reconsidered by the Bruen criteria. There is a "race" to see which AW ban case will be the one they actually make a final ruling on. Bianchi has a head start, but Miller v Bonta in California is also a contender and more recent bans in IL and WA also have a chance. If Bianchi doesn't come back with a result that religiously adheres to the Bruen criteria, it's almost a sure thing SCOTUS will overturn it. It's just a question of whether some other AW ban case gets accepted and ruled on first.I was of the belief that SCOTUS normally takes cases when their are split decisions in the circuits.
Why would they take this one when there isn't a split?
It's a different judicial world post Bruen.
Justice Amy Barrett, who oversees appeals from the 7th Circuit, just asked city of Naperville which banned AW/magazine to respond by May 8th for Emergency Appeal by National Association for Gun Rights (NAGR)/National Foundation for Gun Rights (NFGR) - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-12#post-12617328
And National Association for Gun Rights v City of Naperville (IL AW/magazine ban) case was just filed in January of this year.
Does this mean SCOTUS is considering granting cert in this case?
A split in circuit decisions greatly improves the chances of SCOTUS taking a case, but it's not required. SCOTUS has already accepted the Maryland AW ban case, Bianchi v Frosh, and sent it back down to the circuit court to be reconsidered by the Bruen criteria. There is a "race" to see which AW ban case will be the one they actually make a final ruling on. Bianchi has a head start, but Miller v Bonta in California is also a contender and more recent bans in IL and WA also have a chance. If Bianchi doesn't come back with a result that religiously adheres to the Bruen criteria, it's almost a sure thing SCOTUS will overturn it. It's just a question of whether some other AW ban case gets accepted and ruled on first.
Not going to happen due to separation of powers as framed by the founders.There is currently a campaign to hound Justice Thomas out of office. If this succeeds, and Biden is able to name his replacement, the balance of the Court suddenly changes (4-4, with CJ Roberts in the middle).
The ban is back in effect.Our chances are looking better and better.
Thomas isn't going anywhere, he'll be there until he dies.There is currently a campaign to hound Justice Thomas out of office. If this succeeds, and Biden is able to name his replacement, the balance of the Court suddenly changes (4-4, with CJ Roberts in the middle). All the gun-rights progress since Bruen is out the window. So, if we don't get an AWB decision this year, we may never get one. Keep your fingers crossed.
You meant "retires"?Thomas isn't going anywhere, he'll be there until he dies.