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To: RKBA Democrat

Oh, they will take another 2A case sooner than that. They won’t be able to avoid it as the circuit split on the scope of the 2A grows. The question is who will be on the Court?

I still don’t get the denial of cert in the 9th Circuit case. There is no way you can square the 9th Circuit’s decision with MacDonald’s holding that the 2nd Amendment protects an individual and fundamental right to keep and bear arms for self-defense, and that the right to self-defense is “basic.” Alito write that decision, Roberts and Kennedy joined in it, and Thomas concurred (because he thinks incorporoation should come under the 14th Amendment’s “privileges and immunities” clause instead of “substantive due process.). Thomas and Gorsuch both dissented from the denial of cert in the 9th circuit case, and I’d have a hard time believing Alito didn’t vote to grant cert when he wrote MacDonald, so it must have been Roberts and Kennedy against granting cert.


17 posted on 12/04/2017 4:46:15 PM PST by The Pack Knight
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To: The Pack Knight

The sc makes its own law in its own time. They sat on Miller for what, 60-70 years? The constitutional rights of the peasantry seems to be pretty low on their list of priorities.


27 posted on 12/04/2017 5:31:08 PM PST by RKBA Democrat (Hope and redemption are to be found in the Lord. Not in politics.)
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