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What Will SCOTUS Do?  

152 members have voted

  1. 1. What will the Supreme Court do with the Drake Case?

    • Deny the petition to hear the case and remain silent on whether Americans have the right to carry a firearm.
      65
    • Hear the case and rule that the second amendment does NOT guarantee the right to carry a firearm in public.
      10
    • Hear the case and rule that the second amendment DOES guarantee the right to carry a firearm in public.
      77


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The problem with that us the 9th was operating on a pretty finite timeline. If I understand it right, all the options are back on the table, and it can really drag out. Their record for this is 12 years.

I don't think they're watching for a final decision from the 9 th, just waiting for gore to respond to the motions to intervene and en banc. Gura is saying that Peruta is a done deal and the court likely wants agreement on this from sheriff gore (who by the way is a republican, just like Chris Christie).

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They are most likely watching the 9th. I predict relist for a couple more weeks then when gore responds in the 9th we get a grant.

I know what I won't be doing: refreshing this site at 9:30 Monday am, and 9:31, 32, 35, 45.. Oh, who am I kidding.

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There is a time to admit defeat.  I think this is it.  I know Peruta is still percolating, but I highly doubt the reason they denied Drake is because they are waiting for Peruta.  There is no better case than Drake out there.  I believe that they had two or three votes for cert, and Scalia was trying to find a 4th but couldn't.  That is the only logical explanation.  Despite the circuit split, despite the illogic and cavalier attitude of the third circuit in Drake, the Supreme Court denied this case.  Why?  Because they don't want to deal with the Second Amendment anymore.  After silence for over 70 years, we had two major 2A cases in 2008 and 2010.  McDonald was as much about federalism and the 14th amendment as it was about the Second.  I am firmly convinced that most of the justices simply don't want to deal with the 2A any further, and particularly don't want to get involved in the issue of carrying outside the home. 

 

We are on our own in NJ.  As many other states become more conservative -- Republicans are taking over state legislatures in many states and currently control more than half -- NJ is sliding the other way.  A 10 rd mag capacity restriction will pass, and may or may not be vetoed by Christie.  Even if he does veto it, it (or a 5 round limit) will be back and will pass in a few years when Fulop or Sweeney is governor.  The cities in this state -- AC, Trenton, Newark, Jersey City, Trenton and Patterson -- are all festering, welfare cesspools and they will continue to dominate political discourse in this state and guaranty a solid progressive Democrat majority.  There is no culture or tradition of gun ownership in NJ, and despite the valiant efforts of many, we won't be able to stem that tide sufficiently to make a difference at the ballot box.  Think about it.  10% of NJ citizens are gun owners.  How difficult will it be to increase that number to 20%?  Virtually impossible, and even if we do it still won't make a difference.

 

Unfortunately, those are the facts as I see them.  Time to face reality.

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