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« Peruta: cert denied | Main | A reminder to burglars.... »

Thoughts on the denials of cert.

Posted by David Hardy · 26 June 2017 05:06 PM

Cert denied in Peruta, and Justices Thomas and Gorsuch dissent. That case had upheld the California gun law. But cert was also denied in Binderup, with Justices Ginsberg and Sotomayor essentially dissenting (they write that they would grant the petition). That case had struck down the felon possession ban, as applied to a nonviolent felon whose case came long ago.

So there were four votes to take a case, all that is required, but they split between two cases. Rather strange. Thomas and Gorsuch I'd take as serious votes. The other two... maybe symbolic, cast only because they knew it wouldn't make a difference? But why do it without writing an opinion to go with the dissent? Of course the results of denial the two cases are 180 degrees apart, but if the Court really wanted a 2A case the votes were there.

3 Comments | Leave a comment

Patrick Henry, the 2nd | June 27, 2017 11:57 AM | Reply

Possibly both sides aren't sure of a victory, and did a strategic vote to ensure no precedent was set.

Tionico | June 28, 2017 12:10 AM | Reply

Had Binderup gotten Cert, it likely would have resultd in his getting shafted and considered a disarmed felon. That's likely who Ginsie and So Lo Mayor cast their vote as they did. Note well, they both cast AGAINST Peruta, and if any case needed a full hearing by SCOTUS in the past twenty years, it is Peruta.

Those stinking commie sheriffs in parts of California seem to act like tjhey think they are God. Good news: they decidedly are NOT.

Bad result,m here.

Jim March Simpson | June 28, 2017 7:14 AM | Reply

I've heard that Chuck Michel in California is working on a case specifically about a right to open carry if we can't have concealed carry. That's the giant elephant in the room that the Peruta case ignored, that "bear arms" has been written out of the Constitution with both open carry rights and concealed carry rights gone.

This is wildly contrary to Heller footnote 9.

I would love to see the US Supreme Court do a ruling very similar to the Klein decision by the Ohio Supreme Court in what was it 2003? That's the one where they said there's no right to concealed carry but "everybody knows" that open carry is legal. Of course not everybody knew that at all and a long-standing practice in Ohio cities of arresting open carriers for "disturbing the peace" came to a crashing halt. That led to the open carry rallies and shall issue CCW in Ohio in 2004.

If the US Supreme Court rules the same way there will be one hell the party in Times Square that same night.

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