With today's SCOTUS NY gun case being mooted is this a bad time to bring a 2nd Amendment case?

[Aim1]

It seems that there is a 4 pro, 4 against, and 1 swing vote with Justice Roberts in the current 2nd Amendment SCOTUS case out of NY.

So, because of this, would this be a wrong time to bring a 2nd amendment case until we get at least 1 more pro-gun SCOTUS judge on the court?

Wouldn't it be too much to risk to bring a 2nd Amendment case before the current court?

Rumor is Ginsberg and Bryer are close to retiring and Thomas might if Trump is re-elected.

 

[ilbob]

NY and the other gun grabbers did not want this likely winner of a case before scotus so they arranged to moot it so they would not lose.

I think any case that looks like it will go our way will be handled in a similar way going forward.

 

[boom boom]

NY and the other gun grabbers did not want this likely winner of a case before scotus so they arranged to moot it so they would not lose.

I think any case that looks like it will go our way will be handled in a similar way going forward.

Trying to manipulate mootness doesn't quite work that way if the issue is major such as California's ammunition laws or magazine limits.

Courts also don't like wasted time and NY State and NYC have already used this card once.

Alito's opinion and the joining of it by Kavanaugh, Gorsuch, and Thomas for the most part, signals that the 2A bloc of justices have enough certiorari votes (you need 4) to force the Supreme Court to hear 2A cases if they wish. The split in the circuits with the two part 2A test used by the 2nd Circuit being much more friendly to the government than those used by other circuits which is why the recent Supreme Court case came up in the first place.

Here is an old Volokh Conspiracy from 2015 (a law professor blog despite its name) post dealing with the 2nd Circuit's use of the two part test at issue in the SAFE Act NY case and how it deviates from other circuits. https://www.washingtonpost.com/news...class-second-amendment-intermediate-scrutiny/

 

[boom boom]

BTW, make sure any comments in this thread stick to legal issues involved with the 2A in court and the implications of the recent non-decision in the recent Supreme Court case of New York State Rifle and Pistol Assoc. v. City of New York and not generally useless general political statements. Case opinions are here. https://www.scotusblog.com/case-fil...-association-inc-v-city-of-new-york-new-york/