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Jackson v. San Fran: cert denied, with dissent
Order here. The Court denies cert., not a big surprise, but Thomas and Scalia dissent and say the Court should have accepted the case, even though there is no split in the circuits.
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Doesn't Jackson attempt to overrule part of Heller? Seems like this would trump even a circuit split.
Again we are reminded that elections have consequences.
Sounds as if Justice Thomas and Scalia are saying that Strict Scrutiny is the proper level for Second Amendment cases. If only this meant something outside of an actual SCOTUS decision.
Jackson is virtually identical to Heller, and the decision by the lower courts is counter to Heller. Which does create a split. In other words, in California Heller doesn't exist.
Kind of scary that only two justices signed on to this dissent. Perhaps more scary is that it only takes four justices to grant cert, and they didn't.