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« The tears of your enemies.... | Main | Ammo prices likely to stay high for months.... »

Thinking Justice Barrett over....

Posted by David Hardy · 27 October 2020 09:13 PM

1. Of course, the pro-2A vote is now 6-3.

2. Certiorari is governed by the "Rule of Four," it takes four votes. There were two reliable ones going in, now it becomes three. It just takes one more, and if any pro-2A hold-outs were worried before about the outcome of a case, they can now stop worrying. It only takes one more vote to grant cert. now.

3. CJ Roberts is no longer swing Justice. At 6-3, there is no swing Justice.

4. If Roberts is in the majority, he can keep an opinion or assign to whoever in the majority he chooses. If he dissents, that power goes to the senior Justice in the majority. Justice Thomas.

I believe it is a whole new ball game....

5 Comments | Leave a comment

Anonymous | October 27, 2020 9:51 PM | Reply

From your lips to God's ears.

robert orians | October 28, 2020 2:20 AM | Reply

Justice Thomas has been leading the constitutional charge for many years now . His is the mind closest to that of the Almighty in my lifetime .

Richard | October 28, 2020 7:27 AM | Reply

Roberts' insane fixation with maintaining the credibility of the Supreme Court has actually undermined it. Now, however, I predict he will vote with the majority because in his calculus 6-3 is better than 5-4 plus as you say he gets to assign the opinion. Here's is hoping that the 5 conservatives will create enough distance between them and Roberts to prevent him from writing a narrow opinion himself. I want Thomas as he seems to be the only one that actually understands the 14A.

Carl from Chicago | October 28, 2020 5:48 PM | Reply

I am cautiously optimistic that now we will have 5 justices who are relatively solid on the standard and historically understood interpretation of the second amendment, and the limits that places on governments regarding infringements of the right of the people to keep, and to bear, arms.

FiftycalTX | November 5, 2020 1:46 PM | Reply

I'd say it's a 5-4 court. Roberts is a squish and will vote whichever way he thinks his cocktail party circuit would want. As to writing an opinion on the Second, I'll take Barrett or Thomas any day. And it needs to be a broad order that does away with "permits" required to buy a gun, year long waits for an "interview" to get a concealed carry permit, "firearms owners ID's" that cost untold sums of money and of course, semi-auto bans, magazine limits and "may issue" licenses of all types regarding guns.

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