California Gun Case May Be Justice Gorsuch’s First on SCOTUS

With Tenth Circuit Court of Appeals Judge Neil Gorsuch confirmed to replace Antonin Scalia as a Justice of Supreme Court of the United States (SCOTUS), he may immediately have an impact on a Second Amendment case from California, plus a long docket of government authority cases.

In a California firearms restriction case: Peruta v. San Diego, a plaintiff is challenging government restrictions on the Second Amendment right of ordinary, law-abiding citizens to carry handguns outside of their home for self-defense, including concealed carry when open carry is forbidden by state law. In a religious freedom case: Masterpiece Cakeshop v. Colorado Civil Rights Commission, from Gorsuch’s home state of Colorado, a baker claims the state’s public accommodations law, which mandated him to bake a wedding cake for a gay couple in spite of his religious beliefs, violates the free exercise or free speech clauses of the First Amendment.

The Supreme Court will hear a pair of cases on April 25 regarding jurisdiction for plaintiffs to file lawsuits against businesses in states where they have no substantial presence.

“I’m curious how he can cut in: can he vote on cases already argued but not yet decided?”

Peruta v. San Diego was just put on the SCOTUS Docket for hearing March 31, 2017. So this 2A case has yet to be argued. BTW it was put on the docket by Justice Anthony Kennedy. I would encourage everyone who is interested in the 2A to read the original Ninth Circuit 3-judge 2 to 1 favorable ruling on Peruta. It is a very well researched and written ruling which should form the basis for the case in the SCOTUS.

Only in California could the right to “keep and bear arms” mean the right to “keep [some] arms”.

Forget about bearing/carrying them, openly or concealed. You can only transport them from your home to some officially recognized end point — gunsmith, shooting range, gun show, gun store.

Time to restore the right to bear arms in California.

28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv) Is to the judge’s knowledge likely to be a material witness in the proceeding.

If Kagan wouldn't recuse herself from the Obamacare case even though she was the Solicitor General in charge of determining the best legal defense for Obamacare, then no one has to recuse themselves ever. You reap what you sow Dems.

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