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by dlh
Mon Dec 02, 2019 12:44 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: SCOTUS: to rule on gun rights
Replies: 23
Views: 4172

Re: SCOTUS: to rule on gun rights

srothstein wrote:
Sun Dec 01, 2019 11:43 pm
I am surprised that SCOTUS is keeping the case alive. I thought it would die as a moot case when the state law was passed banning cities from those types of restrictions. I saw two explanations for why the case is going to be heard still:

1. SCOTUS hates when cities or states try to manipulate the court by repealing laws to make cases moot. It is a trick that allows the laws to stand in other places and the city could reimpose the same or a very similar law.

2. The two new conservative justices (Kavanaugh and Gorsuch) are really pro-gun and want to make a ruling to help with carry rights. If this is true, expect a fairly general and far-reaching ruling. It may even deal a death blow to may issue permitting schemes.

I have to say that I doubt this case would be heard without Kavanaugh and Gorsuch being there. And for that, though I may not like his behavior or agree on all his positions, I have to say thank you to President Trump for nominating them and standing behind them throughout the confirmation process.
The Supremes may say, as they did in Heller, that these laws violate all three tests (the rational basis, intermediate scrutiny, and strict scrutiny standards) and accordingly find them unconstitutional. This might be an attractive option from their standpoint as it kicks the can down the road regarding which of the three tests has to be used and avoids in-fighting on which test is proper.

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