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Kind of an esoteric case involving an obscure law. It didn't get much, if any, publicity during the year. It's odd that Thomas and Gorsuch joined the libs. Not sure if this is part of the on-going effort to show 'bipartisanship' on the Court, or if both are making principled arguments. I think it may be the latter as Thomas issues a separate concurring opinion. Kavanaugh penned the lengthy dissent, joined by Barrett, Alito & Roberts. Decision is below...

https://www.supremecourt.gov/opinions/20pdf/19-5410_8nj9.pdf

1 posted on 06/10/2021 8:29:52 AM PDT by ScubaDiver
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To: ScubaDiver

A better headline would be “doesn’t” rather than “shouldn’t”. Whether the sentence should be lengthened is a matter for the legislative branch when they write the law. Whether the sentence does get lengthened is a matter for the court when they apply the law as passed by the legislature.


2 posted on 06/10/2021 8:40:14 AM PDT by edwinland
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To: ScubaDiver

Read Thomas’ actual and separate opinion (unlike Gorsuch, he did not “concur” with Kagan, as had his own reasoning). (his comments begin on page 27 of the link you provided).


3 posted on 06/10/2021 8:45:59 AM PDT by Wuli
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To: ScubaDiver

3 time loser
Aggravated Assault history
FELON illegally in possession of a firearm.

Sorry folks, if The Left wants tougher gun laws, this here is the case for them.

In some Gulags across Amerikkka, simply TOUCHING a handgun without a license can get you cheese sandwiches and Off-label Kool Aid (Bug Juice as we called it) for a year.


4 posted on 06/10/2021 8:50:56 AM PDT by Macoozie (Handcuffs and Orange Jumpsuitss)
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To: ScubaDiver

Reading through Thomas’ concurrence, it would appear that this case was at least marginally decided correctly, based on the plain reading of the law itself, and previous precedent.

The result of this decision could be easily reversed by cleaning up the language in the law to made it more precise. I got the distinct impression from his comments that Thomas did not LIKE having to go along with it, but did, because that was what was required.


6 posted on 06/10/2021 9:27:30 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: ScubaDiver

If you can’t give a felon his gun back when he gets out, then he shouldn’t ever get out.


9 posted on 06/10/2021 10:21:11 AM PDT by UnbelievingScumOnTheOtherSide (White Privilege does NOT begin with Being White but when you ACT "WHITE"! So, -- ACT "WHITE"!)
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To: ScubaDiver
Question:

Is an "enhanced penalty" for a prior crime which one already served a punishment considered double jeopardy?

If the punishment for the current conviction has extra penalty added for the prior crime, isn't the person being punished a second time for that prior crime?

-PJ

16 posted on 06/10/2021 11:37:01 AM PDT by Political Junkie Too (* LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: ScubaDiver

You commit your crime you do your time you get out. In my America you should be free to own weapons for protection as guaranteed to all America.

If however you use those newly owned weapons to commit a crime then that’s different.


17 posted on 06/10/2021 11:41:05 AM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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