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« Two more states go "constitutional carry' | Main | Prof. Volokh on NY ruling against bans on guns in churches »

We may hope so....

Posted by David Hardy · 30 December 2022 02:33 PM

Has New York officially pissed off the Supreme Court?

Short version: right after Bruen, NY passed a law imposing even more onerous restrictions on carry. GOA challenged it, and the trial court ruled in their favor and issued a temporary restraining order against enforcing many portions of the statute.

NY appealed to the 2nd Circuit, which set aside the TRO (this is quite unusual; appellate courts don't like to get involved with TROs, they want to hear appeals from final judgements rather than preliminary orders).

GOA appealed to the US Supreme Court (which is even less likely than a Circuit to get involved in a TRO), and the Supreme Court ordered NY to show cause by Januryar 3 why the Supremes shouldn't overrule the 2nd Circuit.

I agree with his view: this can only mean the Supreme Court is seriously POed at NY, and willing to jump in, on something it would almost certainly turn down, to tell NY and the 2nd Circuit that the Justices have their eyes on them and are willing to slap them down NOW, not at the end of a 2 year appellate process.

This is one of Stephen Stamboulieh's cases.... he's already made his mark as a 2A litigator, and has a lot of energy!

9 Comments | Leave a comment

Fyathyrio | December 30, 2022 9:54 PM | Reply

USSC was asked to vacate the 2CA "ruling" since there was no justification provided by that court when it overruled the district court. Why would the USSC ask NY to present add'l info to support 2CA's decision, instead of tasking 2CA directly?

Tom | December 31, 2022 9:45 AM | Reply

"Why would the USSC ask NY to present add'l info to support 2CA's decision, instead of tasking 2CA directly?"

Maybe SCOTUS want to give them enough rope ...

Tom | December 31, 2022 11:21 AM | Reply

Unfortunately, even when SCOTUS reverses the 2nd Circuit stay, New York will probably just ignore it. And if the DoJ doesn't do anything about it, what have we got?
An emasculated Supreme Court and, in a word, anarchy.
There's a reason smart people have been stocking up on guns and ammo - they're going to need them. Sooner rather than later, I'm afraid.

Mark-1 | December 31, 2022 12:07 PM | Reply

There was time when 2d Circuit court of appeals was at forefront of rights protection. Now, simply woke b^^tards. Extraordinary step by SCOTUS to say to a state “explain yourself”. Very similar to court telling Mississippi and Alabama, what part of Brown v. Board of Education do you not understand: separate but equal is out. Admit the kids to school of they will come in with national guard and tell your posse to stand down.
Essentially 2d Cir and NYS Ct of Appeals just got a white hot poker stuck up their a**es.

pigpen51 | December 31, 2022 12:22 PM | Reply

I knew that it was going to come to this. From the way the ruling was written, and how detailed it was, it was obvious that the SCOTUS was serious when they made the ruling. Justice Thomas made sure to go to all the possible arguments that the gun grabbers could possibly bring up, and basically told them, "no".
I think that Thomas knew that some states would do what they are doing, that is, ignore the court's ruling and not just a little bit, but by even going further than they did before, poking a finger in the eye of the SCOTUS. Now the Supreme Court is pissed, and they are showing it, by not only getting involved at a stage where they normally would not, but also by saying, "how did you think you could get away with this"?
If these states try to continue to ignore the ruling, SHTF, and things will become very real, very soon. I suspect that there will be a blood bath, either figuratively or literally. Either way, it won't be pretty.

Jeff | December 31, 2022 3:02 PM | Reply

Is it in the Supreme Court's ability to discipline judges who ignore precedent?

Old Guy | December 31, 2022 7:25 PM | Reply

Both NY and NJ and probably a few others figured that they were going to pass a law to stick it to the USSC and that it would take a few years before it got back to them. But by then the court makeup may have changed (you know packing and such) and so maybe it would go their way.
Basically I think you are right the USSC is pissed and it is going to smack NY down, and by extension NJ who is doing the same thing.

Hartley Gardner | January 1, 2023 8:40 AM | Reply

The really sad & scary part is that Mr. Stamboulieh is now "public enemy #1" in NY, and he can expect all sorts of "professional" retribution and abuse.

Dave D. | January 1, 2023 8:44 AM | Reply

The Anti gun rights Progs are the The irrational in pursuit of The unobtainable. We live in a society awash in guns. DIY videos and home printed firearms make prohibition ludicrous, ney , impossible.
…The same folks who claim to know the alchemy necessary to turn boys into girls , who think they can control climate and carbon, who think that illicit drugs are a right and a positive good, continue to indulge their firearms control fantasy’s.
…We are not a nation of laws. Firearm laws are not obeyed by scoundrels or honest men either. Any one who wants a gun may have one. There is always a work around.

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