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« Judiciary Committee deadlocks on Chipman confirmation | Main | Irony »

Amicus brief in Young v. Hawaii

Posted by David Hardy · 28 June 2021 10:33 AM

Here's the amicus brief I just filed, for Firearms Policy Coalition and Firearms Policy Foundation, supporting the petitioner. At this stage, you aren't trying to persuade the Court that the good guy should win, you're trying to persuade it that it should take the case (it takes about 70-80 cases per year out of maybe 10,000 petitioners, I haven't checked the recent numbers). The best argument for it taking a case is that the lower courts have split on an issue or issues. One law applies in part of the country, another in another, the Court must resolve the question. In the case of the 2A, there are a LOT of splits!!

2 Comments | Leave a comment

Carl from Chicago | June 28, 2021 12:34 PM | Reply

Dave,
Isn’t the court likely to hold Young until NYSRP is decided? Or combine all these substantively similar “bearing arms” cases?

Fyathyrio | June 29, 2021 2:51 PM | Reply

Trying to understand . . . the SC has never defined "bear," only touching the concept lightly in the dicta of Heller or McDonald. Peruta pretty much closed off concealed carry and Young killed open carry in the 9th. Why try and split hairs on types of carry instead of asking for a clear definition of what bear meant based on text, history & tradition when the two normal avenues of bear have been neutered by the court?

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