Hope!

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dlh
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Hope!

#1

Post by dlh » Mon Oct 26, 2020 7:37 pm

Now that we have a five justice majority (Barrett, Gorsuch, Kavanaugh, Alito, and Thomas) my hope is that they rule strict scrutiny is the appropriate standard to test the constitutionality of any leftist gun-control laws!

Notice I omitted Justice Roberts from the list because my gut tells me he may not necessarily join the five justices above. Just a hunch.
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BigGuy
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Re: Hope!

#2

Post by BigGuy » Mon Oct 26, 2020 7:54 pm

dlh wrote:
Mon Oct 26, 2020 7:37 pm
Now that we have a five justice majority (Barrett, Gorsuch, Kavanaugh, Alito, and Thomas) my hope is that they rule strict scrutiny is the appropriate standard to test the constitutionality of any leftist gun-control laws!

Notice I omitted Justice Roberts from the list because my gut tells me he may not necessarily join the five justices above. Just a hunch.
:iagree:


miljet
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Re: Hope!

#3

Post by miljet » Mon Oct 26, 2020 8:43 pm

Justice Roberts has already shown his true colors.


jason812
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Re: Hope!

#4

Post by jason812 » Mon Oct 26, 2020 9:16 pm

:iagree:

Maybe Roberts gets replaced. That's my hope.


jb2012
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Re: Hope!

#5

Post by jb2012 » Tue Oct 27, 2020 12:14 am

jason812 wrote:
Mon Oct 26, 2020 9:16 pm
:iagree:

Maybe Roberts gets replaced. That's my hope.
I’d much rather replace Breyer, and I view him as the most eligible. Most supreme court justices don’t serve much longer than 30 years, if they make it that long, and Breyer is at 26. Although Roberts is a Rino, and not a friend to the 2nd, I’d rather keep him and have a larger conservative majority. Also, remember Roberts did side with the majority opinion in the Heller decision.


Papa_Tiger
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Re: Hope!

#6

Post by Papa_Tiger » Tue Oct 27, 2020 7:07 am

Another thing to consider, what if Roberts is playing a longer game - passing on sub-par firearms cases that would result in a 5-4 vote from the Supreme Court. What if he is looking for strong cases that, now with a 6 judge majority are more convincing for precedent's sake because it wasn't a mere majority (5/4 vs. 6/3)?


tool4daman
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Re: Hope!

#7

Post by tool4daman » Tue Oct 27, 2020 7:14 am

Papa_Tiger wrote:
Tue Oct 27, 2020 7:07 am
Another thing to consider, what if Roberts is playing a longer game - passing on sub-par firearms cases that would result in a 5-4 vote from the Supreme Court. What if he is looking for strong cases that, now with a 6 judge majority are more convincing for precedent's sake because it wasn't a mere majority (5/4 vs. 6/3)?
Is there any indication of such? I'm not saying that is not his thought process- just asking if there is evidence this is his plan.
Best advice I was ever given- Don't mess with the dog while he's eatin'.


dhoobler
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Re: Hope!

#8

Post by dhoobler » Tue Oct 27, 2020 8:23 am

dlh wrote:
Mon Oct 26, 2020 7:37 pm
Now that we have a five justice majority (Barrett, Gorsuch, Kavanaugh, Alito, and Thomas) my hope is that they rule strict scrutiny is the appropriate standard to test the constitutionality of any leftist gun-control laws!

Notice I omitted Justice Roberts from the list because my gut tells me he may not necessarily join the five justices above. Just a hunch.
I am not sure this will be the case. As I understand it, and someone please correct me if I am wrong, Roberts must vote with the majority in order to decide which of the justices voting with the majority will write the majority opinion. Roberts might vote with the five conservatives so that he can decide who that will be. The choice of the author of the majority opinion can have a profound impact on its outcome.

Roberts might vote to uphold the Second Amendment so that he can stop Amy Coney Barrett from writing the majority opinion.
Revolver - An elegant weapon... for a more civilized age.
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crazy2medic
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Re: Hope!

#9

Post by crazy2medic » Tue Oct 27, 2020 9:42 am

My opinion only, but I think Roberts will side with the majority, he likes to be on the winning team and only votes with the liberals if that makes it the majority!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker


wheelgun1958
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Re: Hope!

#10

Post by wheelgun1958 » Tue Oct 27, 2020 1:24 pm

crazy2medic wrote:
Tue Oct 27, 2020 9:42 am
My opinion only, but I think Roberts will side with the majority, he likes to be on the winning team and only votes with the liberals if that makes it the majority!
Roberts is a windsock.


crazy2medic
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Re: Hope!

#11

Post by crazy2medic » Tue Oct 27, 2020 3:37 pm

wheelgun1958 wrote:
Tue Oct 27, 2020 1:24 pm
crazy2medic wrote:
Tue Oct 27, 2020 9:42 am
My opinion only, but I think Roberts will side with the majority, he likes to be on the winning team and only votes with the liberals if that makes it the majority!
Roberts is a windsock.
YES!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker


Grayling813
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Re: Hope!

#12

Post by Grayling813 » Tue Oct 27, 2020 3:49 pm

wheelgun1958 wrote:
Tue Oct 27, 2020 1:24 pm
crazy2medic wrote:
Tue Oct 27, 2020 9:42 am
My opinion only, but I think Roberts will side with the majority, he likes to be on the winning team and only votes with the liberals if that makes it the majority!
Roberts is a windsock.
Nicest thing I've heard him called....
"If safety requires us to indefinitely forfeit the most valuable parts of our lives, what exactly are we trying to save?"
~ A.J. Kay


K.Mooneyham
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Re: Hope!

#13

Post by K.Mooneyham » Tue Oct 27, 2020 7:47 pm

Roberts is worried about his "legacy". He wants to be in the history books as a great jurist who "balanced the court", etc. I'm still worried about his effect on deciding which cases will be heard.


crazy2medic
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Re: Hope!

#14

Post by crazy2medic » Tue Oct 27, 2020 8:12 pm

K.Mooneyham wrote:
Tue Oct 27, 2020 7:47 pm
Roberts is worried about his "legacy". He wants to be in the history books as a great jurist who "balanced the court", etc. I'm still worried about his effect on deciding which cases will be heard.
The Majority vote decides the cases to take, Roberts voting with the Libs have kept the Supremes from deciding a gun related case, they are now no longer the majority!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker


dhoobler
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Re: Hope!

#15

Post by dhoobler » Wed Oct 28, 2020 8:20 am

I wonder how ACB will change the dynamics of the ninth circus court. Until now, they could rule however they wish with the comfort that the SCOTUS would let stand their rulings. Now they have to worry about being overturned and the SCOTUS decision becoming the law of the land.
Revolver - An elegant weapon... for a more civilized age.
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