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« Sheriff Judd speaks regarding the Uber driver | Main | A hard hitting pic »

Thought on Judge Kavanaugh

Posted by David Hardy · 10 September 2018 09:18 AM

Brendan Kirby has a key thought. Kavanaugh will be one vote out of nine. If indeed he's "outside the judicial mainstream" he'll lose 8-1 every time. His vote can only have an impact if four other Justices agree, and any view that is held by four sitting Supreme Court Justices cannot be described as "outside the judicial mainstream." So which is it?

5 Comments | Leave a comment

Flight-ER-Doc | September 10, 2018 11:32 AM | Reply

I heard that of 20 of his decisions that have been reviewed at the USSC, his position has been upheld 19 times.

Which makes him 95% mainstream.

Anonymous | September 10, 2018 1:24 PM | Reply

He sure was jumping up and down to say "but machine guns can be banned" Guy is a loser and has already shown his hand when it comes to gun rights.

Chuck | September 10, 2018 5:09 PM | Reply

But, he is big on stare decisis and the machine gun thing is straight from Heller. I don't think he could get away with a recommendation to overturn NFA34 before he was even confirmed.

I think we still have a tiny chance to, at least, overturn Hughes under the right circumstances. BUT, not in my lifetime.

NFA34 never anticipated the modularity of modern firearms. And the silencer thing was just an afterthought anyway. If the original bill had not included handguns, short barrel rifles would not have been included either. The NFA needs to go away but who is going to support a pro gun bill?

Steve | September 10, 2018 7:04 PM | Reply

The NFA needs to go away but who is going to support a pro gun bill?

Would be nice to get some studies performed under the current administration finding that machine guns, silencers, and SBRs would not impact crime statistics much so there'd be a simple economic argument for allowing easier sale of them.

Chuck | September 10, 2018 7:12 PM | Reply

Steve,

I think we would discover the same statistics that the DOJ found in 2004 at the end of the 10 year assault weapons ban. NO change after 10 years.

But, we don't really have any pre NFA statistics other than Bonnie and Clyde and the St Valentines day massacre, which were 18A statistics not NFA statistics.

21A not the NFA34 is what changed the statistics.

If we point out that there are no crimes committed with MGs, the antis just point out that NFA34 is working.

I don't know the answer

Chuck

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