Posted on 12/29/2022 2:04:26 PM PST by absalom01
The plaintiffs asked the court to issue a temporary restraining order (TRO) until the court could rule on the coalition’s request for an injunction. A Western New York Federal District Court judge found that the plaintiffs would likely succeed on the case’s merits and suffer irreparable harm by the law. New York appealed to the Second Circuit Court of Appeals to stay the TRO, which the Second Circuit did relent to the State’s request. Before GOA and New York State faced off in Circuit Court, the District judge issued a preliminary injunction against the CCIA, finding most of the law unconstitutional.
Once again, the State returned to the Second Circuit Court of Appeals and asked it to stay the preliminary injunction against the CCIA. The Second Circuit, known for being anti-gun, sided with the state and issued the stay. GOA filed an emergency petition to the Supreme Court asking it to lift the stay. The gun rights organization claimed that the Second Circuit Court of Appeals didn’t give a reasoned analysis in their decision and issued a “knee-jerk” ruling.
Justice Sotomayor, who oversees the Second Circuit, granted GOA’s petition and gave New York exactly one week to respond. Even though Sotomayor is no friend of gun rights, she will not likely disregard the Bruen decision. Justice Sotomayor can do several things. First, she could vacate the stay herself, which seems unlikely. The smart money is on her referring the case to the full bench to rule, which would most likely side with the plaintiffs. The decision will have rippling effects across the country. States like New Jersey have similar laws and are being sued in multiple lawsuits by organizations such as the Firearms Policy Coalition (FPC) and the National Rifle Association (NRA).
(Excerpt) Read more at ammoland.com ...
As noted, Sotomyor will probably refer this petition to the court, though there's a chance she could just deny it on her own and wait for it to wind through the process. The reason she'll likely refer it is that an outright denial would allow the petitioner to approach any other justice (including Thomas), who can't be too pleased with the way that NY is trying to undermine Bruen.
It goes beyond New York, as other deep-blue states are trying similar tactics of their own.
Oregon, which has gone beyond even NY, also has a number of lawsuits filed against. We can only hope for relief from the USSC at this time.
“The Wise Latino” is gun grabbing communist, if she can figure a way to help them subvert the 2nd she’ll do it.
As expected, the states and lower courts are just blowing off the Supreme Court. They know this will take years. And as soon as the Supremes finally get to their case, they will pass another law that will take years.
She really doesn’t have much choice here. If she rejects the GOA petition outright, GOA can immediately resubmit to another SC judge of their choosing. The only chance the State has here is that the full court somehow decides against itself in Bruen. That’s not bloody likely, but it keeps her street cred intact and she gets to avoid appearing like a biased troll (even though we know she is). Nope...this either goes to the full court or GOA goes straight to Thomas if the Wise Latino rules against the GOA.
Yep.
Because there’s no penalty for doing so written in our constitution.
The closest thing is to vote out of office those who appoint these robed tyrants and elected anti civil rights commies.
Of course, with the ballot box being as corrupted as it is....
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I have to ask, what does “the full court” mean in this case? Full 2nd Circuit Court? Or full SCOTUS? This does not seem to be clear from the full Ammoland post nor the responses.
Either way, it sounds like “wise” Latina has been outmaneuvered, perhaps too “wise” for her own good (like most lib-tards!).
Ed
Full Supreme Court.
I believe it's "Wide Latina".
you can’t say “Latino” and “she” to refer to the same person unless you or they are a gender denier. If she is we can strip her of her “wise Latina” title.
there needs to be a way to enforce sanctions against NY and other blue states in these cases... very large sanctions...
Or put all tyrant states on preclearance like with elections. No new law takes effect till SCOTUS blesses it.
It is amazing how much damage Kate Brown has done in such a short time. And God help Oregon with Kommie Kotek at bat.
Can one ever really be sure now?
She can’t. She could only delay it a bit.
Yes l have committed a linguistic crime
or an insult
is it possible to insult someone who lacks the capacity for shame?
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