To the surprise of no-one, the 2nd Circuit upheld most of the SAFE Act. We’ve said all along it would have to go to SCOTUS and that is the next stop after the 2nd Circuit.
The decision underscores the need to have higher quality judges on the bench. To that end we’ve endorsed 3 candidates for state supreme court and 3 candidates for county courts this year. While the SAFE lawsuit moves through the federal, not state, court system, the more good judges we have at all levels of the judiciary the better.
My only concern Jacob is how SCOTUS is now. Some of those judges are flip flippers when it comes to certain ideals. Two of them are the ones that concern me the most. What is your take on this case as to how things may go? So you think Kennedy and Roberts are a concern. The other issue is the fact that this should happen hopefully before the next election. Heaven forbid if Hillary gets elected and then we are very screwed. As always your option is valued for your policy all expertise.
No question, 2nd cir, with 2 Obama and 1 Clinton appointee was fait accompli. However, surprisingly, they conceded to our entire case, except where they got cute and threw back at us that by our own definition, there was not an entire “class” (semi-auto) of weapon [in common use] outlawed (which is forbidden by Heller). They did, however concede “common use”. Also that safe is a serious burden on 2A in that it does not regulate, but bans all possession, even in the home. Its almost as if they made a great case for us to take to SCOTUS. On the not an entire class issue, its trivial. If they were not a class before the law, then by its very nature, the law made them a “class”, and a law would have been impossible to craft if they were not a class. Basically, they just applied that terrible framework called “interest balancing”, applied “intermediate scrutiny” (this right, in their judgement, is not that important) and without even considering the “efficacy” of this public policy (a politically motivated fraud), deferred to the “good judgement” of the legislature, and upheld. An outrage.
If we take it to SCOTUS, there are four frauds we can immediately write off. The court, in its entirety, is the same one that rendered 2 specious / stretch decisions upholding Obamacare, and upheld gay marriage. BUT, I don’t see anything to loose by going for it. I do not see the court (or our terribly sick nation) getting better any time soon because……. The aggregate of all this stuff, most unfortunately, leave Heller, and McDonald reduced to hollow, worthless victories cause if they can do this, what can’t they do? 10 rounds, 5 rounds, 1 round, whats the difference? Limit you to a licensed musket and then turn around and say, well, you can still have a gun. And no matter what we do now, when Hillary or the next commie has full control and the court turns with just one more of their scumbags, they will overturn everything and that will be the end of 2A regardless of where it goes now. In the outside chance we go and win, we can at least stand on that precedent. So go for it.
We have the best legal team supported by half the state AGs. We can win at SCOTUS.
The 4 frauds have no reason to want cert. Not much for them to gain, but lots to loose. That leaves the 5 who are the original authors of Heller and McDonald. Seems it would be hard for them to give cert and agree with 2nd circuit entirely cause they would then almost be shitting all over themselves. What is disturbing is that NRA at one point went to Kennedy and asked for injunction on a magazine ban. Kennedy immediately denied without comment. That is not definitive, but not great encouragement. So I believe they will either not take the case (like they did not take Heller II), or take it and give us something (they would almost have to), or maybe even everything. But something as a minimum. The something would probably be the “assault weapon” features as EVERYBODY knows in their heart of hearts what utter bullshit that is. With non-political judges, a real court that is, that idiocy would never even pass “rational scrutiny”. The magazines (also bullshit) are anybody’s guess.