Peruta En Banc Opinion - Concealed Carry Lost

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dhoobler
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby dhoobler » Thu Jan 19, 2017 2:07 pm

OldAg wrote:
Does anyone know for sure that the nuclear option is invoked for SCOTUS appointees? My understanding is that it has been invoked for cabinet positions and all of the federal judge appointments except Supreme Court. SCOTUS still requires 60 votes to end debate and then the Senate can vote to confirm.


Remember in 2013 when Harry Reid used the ‘nuclear option’ to confirm judges?
Harry Reid’s new rule was that no filibusters could be used to stop judges below the Supreme Court. All it took was a simple majority to confirm them.
Harry Reid changed a long-standing tradition in service of Democrat partisanship.
Fast forward to 2017. Republicans will have a simple majority in the Senate. And there are over 100 empty judge spots below the Supreme Court.

http://www.thegatewaypundit.com/2016/12 ... mediately/
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The Annoyed Man
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby The Annoyed Man » Sun Apr 30, 2017 4:18 pm

http://www.alloutdoor.com/2017/04/26/supreme-court-asked-hear-peruta-v-california/
Supreme Court May Hear Case Affirming Right to Concealed Carry
The right to bear arms shall not be infringed.

Peruta is asking the courts to put that option back on the table in CA and everywhere else it has been denied, and basically make “shall issue” the law of the land.

If the court takes up this case, we’ll find out how its newest member will really rule on 2A issues. Ultimately, this could be the case that fills in some of the many gaps left by the Heller decision. If this passes, the urgency behind the national reciprocity act will ratchet down a bit more, because citizens in anti-gun states will finally be able to exercise their constitutional rights.

Now that we have Gorsuch on the bench, we have a chance.
"Give me Liberty, or I'll get up and get it myself."—Hookalakah Meshobbab
"I don't carry because of the odds, I carry because of the stakes."—The Annoyed Boy
"Id aegre et in omnibus semper."—Quod Homo Aegre


equin
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby equin » Mon May 01, 2017 11:26 am

I'm eagerly awaiting the Supreme Court's decision on whether it will grant review of the case. If Peruta's petition is denied, I understand there may be another similar case in the pipeline out of the D.C. Circuit that could make its way for review by the Supreme Court.
Ed

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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby RoyGBiv » Mon May 15, 2017 4:42 pm

I am not a lawyer. This is NOT legal advice.!
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby twjones » Mon May 15, 2017 5:45 pm

I'll ask again as I'm sure it was lost in the wash when this topic was just developing...

Doesn't this conflict with what the U.S. 7th Circuit Court of Appeals said in Moore/Shepard?

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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby Take Down Sicko » Mon May 15, 2017 6:57 pm

Trump needs to give the 9th circuit a good flush and drain the swamp some more. We need those jokers out of there. :rules:

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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby TexasJohnBoy » Mon Jun 26, 2017 9:41 am

Keep waiting: http://www.scotusblog.com/2017/05/todays-orders-65/
The court also did not act on the petition for review in Peruta v. California, the latest gun rights case to come to the court, which apparently will be relisted for a second time.


Sorry for old news, that got mixed up in the SCOTUSblog for today with other cases.

ETA: There was a reason it got mixed up with today's news. They're not hearing it.
http://www.foxnews.com/us/2017/06/26/us ... a-law.html

Thomas said the decision not to hear the case "reflects a distressing trend: the treatment of the Second Amendment as a disfavored right."


Last time I checked, it says the right of the people to keep and bear arms shall not be infringed.
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The Annoyed Man
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby The Annoyed Man » Mon Jun 26, 2017 10:08 am

TexasJohnBoy wrote:Keep waiting: http://www.scotusblog.com/2017/05/todays-orders-65/
The court also did not act on the petition for review in Peruta v. California, the latest gun rights case to come to the court, which apparently will be relisted for a second time.


Sorry for old news, that got mixed up in the SCOTUSblog for today with other cases.

ETA: There was a reason it got mixed up with today's news. They're not hearing it.
http://www.foxnews.com/us/2017/06/26/us ... a-law.html

Thomas said the decision not to hear the case "reflects a distressing trend: the treatment of the Second Amendment as a disfavored right."


Last time I checked, it says the right of the people to keep and bear arms shall not be infringed.

Question: who decides whether or not a case will be heard? Do the justices vote on that decision, or is it made at some administrative level? And if the justices voted on it, did that vote include Gorshuch or not?
"Give me Liberty, or I'll get up and get it myself."—Hookalakah Meshobbab
"I don't carry because of the odds, I carry because of the stakes."—The Annoyed Boy
"Id aegre et in omnibus semper."—Quod Homo Aegre

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TexasJohnBoy
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby TexasJohnBoy » Mon Jun 26, 2017 10:10 am

The Annoyed Man wrote:
TexasJohnBoy wrote:Keep waiting: http://www.scotusblog.com/2017/05/todays-orders-65/
The court also did not act on the petition for review in Peruta v. California, the latest gun rights case to come to the court, which apparently will be relisted for a second time.


Sorry for old news, that got mixed up in the SCOTUSblog for today with other cases.

ETA: There was a reason it got mixed up with today's news. They're not hearing it.
http://www.foxnews.com/us/2017/06/26/us ... a-law.html

Thomas said the decision not to hear the case "reflects a distressing trend: the treatment of the Second Amendment as a disfavored right."


Last time I checked, it says the right of the people to keep and bear arms shall not be infringed.

Question: who decides whether or not a case will be heard? Do the justices vote on that decision, or is it made at some administrative level? And if the justices voted on it, did that vote include Gorshuch or not?


Pretty sure justices vote, but I am not sure. I also am not sure if Gorsuch voted since this was brought to the court before he was seated. I'm disappointed no matter what though.

It will come up again, and again, and again until they settle it.
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The Annoyed Man
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby The Annoyed Man » Mon Jun 26, 2017 10:17 am

TexasJohnBoy wrote:
The Annoyed Man wrote:
TexasJohnBoy wrote:Keep waiting: http://www.scotusblog.com/2017/05/todays-orders-65/
The court also did not act on the petition for review in Peruta v. California, the latest gun rights case to come to the court, which apparently will be relisted for a second time.


Sorry for old news, that got mixed up in the SCOTUSblog for today with other cases.

ETA: There was a reason it got mixed up with today's news. They're not hearing it.
http://www.foxnews.com/us/2017/06/26/us ... a-law.html

Thomas said the decision not to hear the case "reflects a distressing trend: the treatment of the Second Amendment as a disfavored right."


Last time I checked, it says the right of the people to keep and bear arms shall not be infringed.

Question: who decides whether or not a case will be heard? Do the justices vote on that decision, or is it made at some administrative level? And if the justices voted on it, did that vote include Gorshuch or not?


Pretty sure justices vote, but I am not sure. I also am not sure if Gorsuch voted since this was brought to the court before he was seated. I'm disappointed no matter what though.

It will come up again, and again, and again until they settle it.

Well, let's hope they settle it before Edward Peruta dies of old age. :bigmouth
"Give me Liberty, or I'll get up and get it myself."—Hookalakah Meshobbab
"I don't carry because of the odds, I carry because of the stakes."—The Annoyed Boy
"Id aegre et in omnibus semper."—Quod Homo Aegre

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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby Flightmare » Mon Jun 26, 2017 10:20 am

The Annoyed Man wrote:Question: who decides whether or not a case will be heard? Do the justices vote on that decision, or is it made at some administrative level? And if the justices voted on it, did that vote include Gorshuch or not?



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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby Flightmare » Mon Jun 26, 2017 12:30 pm

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/26/for-those-of-us-who-work-in-marbled-halls-the-second-amendment-might-seem-antiquated/

For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it.


I don't think I could have stated it better myself.
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stroo
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby stroo » Mon Jun 26, 2017 12:51 pm

Looks like Gorsuch is going to be a 2nd Amendment vote. He and Thomas were pushing for the Supremes to take the case.


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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby TreyHouston » Mon Jun 26, 2017 1:41 pm

4 justices have to agree for the case to be heard. 5 justices to decide the case. Herd this on Rush today
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Re: Peruta En Banc Opinion - Concealed Carry Lost

Postby bblhd672 » Mon Jun 26, 2017 2:32 pm

Apparently in a rare occurrence, Clarence Thomas wrote a dissent about the case not being heard by the court and Gorsuch agreed.
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