Posted on 06/23/2022 7:31:41 AM PDT by TexasGurl24
Thomas writes opinion.
Think I'm kidding? Check out a SCOTUS decision from a few years ago called “Caetano v Massachusetts”. SCOTUS voted,9-0,to overturn a ruling by the Massachusetts state Supreme Court which violated Caetano’s 2nd Amendment rights.At one point the decision's narrative described the state court's logic in ruling as it did as "frivolous".
States like the ones I've mentioned are very good indeed at "frivolous".
I think so too. Rule against then get outa dodge. The same way Roberts did it when he decided for obamacare..
I think the key, on consideration, is that someone in custody shooting off their mouth, is not being *compelled* to testify against themselves.
That makes sense.
The issue I have is the misuse of this by officers, counting on the accused being too scared, too poor, etc., to move to have the non-Mirandized statements in custody removed from the record; and then there’s the issue that if one goes for a reversal of a conviction, the courts can still find that on balance it is harmless error, that a conviction would have happened anyway.
Now move to have the Senate's new bill ruled unconstitutional.
“Nothing in the Second Amendment’s text draws a
home/public distinction with respect to the right to keep and bear arms, and the definition of “bear” naturally encompasses public carry. Moreover, the Second Amendment guarantees an “individual right to possess and carry weapons in case of confrontation,” id., at 592, and confrontation can surely take place outside the home. Pp. 23–24.”
Hmmmm .. will this lead to more public/concealed carry denials by liberal states being overturned?
New York has some of the most onerous pistol permit laws in the country. Permits are issued by the county and are at the discretion of the judge or sheriff. NYC and other very liberal counties required that a citizen had to show ‘proper cause’ why he or she ‘needed’ a concealed carry permit. To say that one wanted a gun for self-defense was not good enough. And many applications are often denied. This ruling states, correctly, that citizens do not have to prove a need to be guaranteed a right enshrined in our Constitution. It means that NY will have to stop this arbitrary denial of rights and should logically mean that pistol permits shall be recognized across all 50 states.
This is a HUGE win for our Constitution. I will listen to Mark Levin tonight to get his analysis of the decision.
Now we wait for the Dobbs ruling.
Thanks. I guess I could’ve also looked it up on Urban Dictionary. That’s what I sorta figured it was.
Since they ruled on proper cause, I would think that would rule out any red flags laws.. which honestly, I thought they ruled on last year...
And Thomas seems pissed that the appelate courts have been trying to circumvent their rulings in Heller and MacDonald.
The 2nd amendment appears to be live and well but blue states with an impossibly high standard of proper cause , the definition of which varies from one county to another, now ALL have to proceed that they have the right to carry without any necessity of showing proper cause.
But wait, wait, we now will have federal red flag legislation so that every applicant is a potential crazy!
IMHO, this CCW decision won’t make much difference in gun control blue states.They will just assumne your crazy because you want ccw.
The court rejects the “two-part” approach used by the courts of appeals in Second Amendment cases.
Would you please explain what that means? I've searched and found several articles, but I'm not following what they mean.
“But in another case, the Supremes hold that a Miranda violation does not give grounds for a Sec. 1983 lawsuit for deprivation of civil rights.”
This is a very narrow decision that relies on the fact the Miranda rules are not, in fact, laws but judicial rulings and are not absolute, as is The Fifth Amendment. I’m not sure about the line between de jure and de facto, but the Supreme Court decided that in this case.
“A §1983 claim may also be based on “the deprivation of any rights . . . secured by the . . . laws.”
But the argument that Miranda rules constitute federal “law” that can provide the ground for a §1983 claim cannot succeed unless Tekoh can persuade the Court that this “law” should be expanded to include the right to sue for damages under §1983.
“A judicially crafted” prophylactic rule should apply “only
where its benefits outweigh its costs,” Shatzer.”
I thank God for having Clarence Thomas on the Supreme Court. He is a good, brilliant, patriotic and courageous man.
They will make the requirements onerous and expensive in an effort to discourage as many people as possible from obtaining concealed carry permits.
There will likely be hours of fee-based training per year required and a concealed carry license fee of at least $1000 per year, which is really akin to a poll tax when you think about it. Having to pay a fee in order to exercise a constitutional right is ridiculous.
Nice to see how this case turned out.
Lefties on Twitter are writing about this as if Thomas unilaterally decided the case.
I wish there were a basic civics test required to sign up for social media.
And Biden did his EVIL best to see keep him off the bench.
I felt nothing but disgust for Biden after watching Thomas’s confirmation hearings, and since the 2020 election, that disgust has grown to deep loathing!
That’s why most people are here don’t tell me you haven’t noticed
Scold Republic
It’s a tradition along with that silly Viking kitties bullshit
I also think it is great news that a law-abiding Black man in a Racist Democrat controlled major city can no longer be sent to prison for the simple act of owning a gun.
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