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SCOTUS Opinions being released now 10am
SCOTUS BLOG ^ | 6/23/22 | Self

Posted on 06/23/2022 7:04:54 AM PDT by 1Old Pro

Good discussion on the SCOTUS BLOG

(Excerpt) Read more at scotusblog.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: berger; naacp; nance; scotus; ward
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To: Cboldt
The remedy for Mirana violation is evidnce is not allowed at trial. The violation does not entitle a person to money damages.

See my post #86 this thread.

101 posted on 06/23/2022 8:59:58 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: aquila48

When it comes to promoting your self interest you do whatever works in a situation.

**********

In politics self interest has a way of morphing from one thing to another.

When they run for office they promise to do what the people want.

When they get to Washington they vote for what the party and special interests want.

Sometimes those doing things for short term benefit (i.e., making deals) lose sight of the longer term consequences. Some Republican senators who crammed through the red flag legislation are going to find that out.


102 posted on 06/23/2022 9:08:29 AM PDT by Starboard
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To: zeugma
Quote from today's 2nd Amendment decision:

In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.

103 posted on 06/23/2022 9:41:40 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: moovova

“ They’re expecting big-time trouble.”

And that trouble won’t be from right-to-life.

The real “insurrections”, death and destruction come from the left and the illegitimate U.S. administration.


104 posted on 06/23/2022 9:48:05 AM PDT by Scott from the Left Coast (Make Orwell Fiction Again)
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To: grey_whiskers
-- See my post #86 this thread. --

You mean "See my post #86 in the other thread."

;-)

105 posted on 06/23/2022 9:48:25 AM PDT by Cboldt
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To: Cboldt

It’s been Monday all week long, sorry.


106 posted on 06/23/2022 9:57:59 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: grey_whiskers
-- It's been Monday all week long, sorry. --

I hate to break it to you, but today is Tuesday.

107 posted on 06/23/2022 10:03:58 AM PDT by Cboldt
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To: 1Old Pro

No ruling on baby killing?


108 posted on 06/23/2022 10:05:22 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: allendale

“Suspect that Roberts is delaying the release of the abortion decision as long as possible. He is still hoping that somehow he can change one vote.”

Sounds very plausible to me, since Roberts, in my opinion, has been bought and paid for.


109 posted on 06/23/2022 10:14:06 AM PDT by kagnew
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To: Cboldt
”By Thomas, 6-3, NY gun carry permitting system doesn’t stand”

After a quick reading I view the decision as being about as weak as it could be and still strike down the New York ( and California) may-issue laws.

The decision seems to allow the state to dictate the “manner” of carry. It seems to support California’s ban on open carry, though open carry of long guns has roots in our nation’s history when handguns were much less common.

I fear that states limiting magazine capacity may be allowed along with outlawing pistol grips on otherwise protected long guns. I really don’t see the need to dump “strict scrutiny”. It has protected the First Amendment pretty well despite dramatic advances in technology. We need that for the Second Amendment.

The people need long guns to fulfill their Militia function and this decision leans toward mandating handguns for self-defense in public. Does the Second Amendment really require that people own more than one gun? I don’t think so.

There may be states with good gun laws but it will not be a result of this decision. I’m pessimistic about California and see a lot of infringement coming our way from the federal government.

110 posted on 06/23/2022 10:18:05 AM PDT by William Tell
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To: William Tell

I agree with your take.

I’ll add that SCOTUS has a long-standing practice of allowing the lower courts (Court of Appeal) do the dirty work, even to the extent of interpreting SCOTUS holdings to the point of ineffective, and SCOTUS just lets it go. E.g., abuse of the Presser precedent for decades.


111 posted on 06/23/2022 10:21:47 AM PDT by Cboldt
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To: Vermont Lt
This “Glen Beck” process of making folks “wait for the big one”

Excellent! You almost made me spew my coffee, but excellent!


112 posted on 06/23/2022 10:22:13 AM PDT by Cinnamontea
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To: William Tell
"I fear that states limiting magazine capacity may be allowed along with outlawing pistol grips on otherwise protected long guns."

Those aren't issues in this case.

"I really don’t see the need to dump “strict scrutiny”. It has protected the First Amendment pretty well despite dramatic advances in technology. We need that for the Second Amendment."

No scrutiny is better than strict scrutiny.

113 posted on 06/23/2022 10:26:43 AM PDT by mlo
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To: central_va
No ruling on baby killing?

Something like 9 more decisions, probably 4-5 tomorrow and the big one next Tuesday.

114 posted on 06/23/2022 10:30:49 AM PDT by 1Old Pro
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To: 1Old Pro

If they’ve ruled against Roe, I’ve been thinking they may be waiting till the end so everyone can get out of town with families, etc.

If I were one of the judges, I’d be truly afraid for my family. There doesn’t seem to be any effort to stop the protesters so far.


115 posted on 06/23/2022 10:42:23 AM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: Jamestown1630
There doesn’t seem to be any effort to stop the protesters so far.

Just the opposite, they are being encouraged by Brandon and Psaki and tacitly by the DOJ who should be arresting them.

116 posted on 06/23/2022 10:56:18 AM PDT by 1Old Pro
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To: mlo
”No scrutiny is better than strict scrutiny. “

I don’t agree. Twenty five or so states no longer require carry permits. That constitutes proof that California is not compelled to demand such permits since there is no blood running in the streets.

This decision allows California to inconvenience people with hardly any limits as long as their laws do not allow subjective discrimination. Strict scrutiny was not a bad way to go as far as I can tell.

117 posted on 06/23/2022 11:16:18 AM PDT by William Tell
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To: Cboldt

I hate to break it to you, but today is Tuesday.
🤔

...Groundhog Day?


118 posted on 06/23/2022 12:13:03 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: William Tell
Nobody is saying California was compelled to demand permits.

"This decision allows California to inconvenience people with hardly any limits as long as their laws do not allow subjective discrimination. Strict scrutiny was not a bad way to go as far as I can tell."

I'm not convinced that strict scrutiny doesn't apply here. But anyway, I think you have it going the wrong way. Intermediate scrutiny would allow more burdens on the right. Strict scrutiny would allow fewer. No scrutiny would allow none. Not more.

119 posted on 06/23/2022 2:26:46 PM PDT by mlo
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To: mlo
"No scrutiny would allow none."

I wish I could believe that.

Under strict scrutiny California's permit system would be declared unConstitutional if California was unable to prove that it was compelled (presumably by virtue of the consequences otherwise) to have a permit system.

I see no path to challenge the permit system based on this ruling. Are you suggesting that the permit system in New York was allowed to stand simply because the plaintiffs didn't ask to have it thrown out?

Similarly, the two dozen states which require no permit do not have more crime than the other states. And yet this decision does not address the requirement that a permit be obtained. States that do not require training are doing as well or better than states which do require it. Strict scrutiny would dictate that such requirements not be allowed.

The decision includes a mention that schools are included among "sensitive places". I don't recall when that law has last been scrutinized but I doubt very much that any government could prove that they are compelled by public safety concerns to disallow firearms. So many shootings in schools; so few shootings in gun stores and police stations.

The historical basis for allowing semi-automatic firearms is only as lengthy as the New York law which was just tossed. How will pro-gunners make the case that firearms that didn't exist for the first century of the nation are protected?

120 posted on 06/23/2022 5:11:10 PM PDT by William Tell
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