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Justice Sotomayor Gives NY 1-Week to Respond to Injunction Against New Gun Law
Ammoland ^ | 12-28-2022 | John Crump

Posted on 12/29/2022 2:04:26 PM PST by absalom01

The plaintiffs asked the court to issue a temporary restraining order (TRO) until the court could rule on the coalition’s request for an injunction. A Western New York Federal District Court judge found that the plaintiffs would likely succeed on the case’s merits and suffer irreparable harm by the law. New York appealed to the Second Circuit Court of Appeals to stay the TRO, which the Second Circuit did relent to the State’s request. Before GOA and New York State faced off in Circuit Court, the District judge issued a preliminary injunction against the CCIA, finding most of the law unconstitutional.

Once again, the State returned to the Second Circuit Court of Appeals and asked it to stay the preliminary injunction against the CCIA. The Second Circuit, known for being anti-gun, sided with the state and issued the stay. GOA filed an emergency petition to the Supreme Court asking it to lift the stay. The gun rights organization claimed that the Second Circuit Court of Appeals didn’t give a reasoned analysis in their decision and issued a “knee-jerk” ruling.

Justice Sotomayor, who oversees the Second Circuit, granted GOA’s petition and gave New York exactly one week to respond. Even though Sotomayor is no friend of gun rights, she will not likely disregard the Bruen decision. Justice Sotomayor can do several things. First, she could vacate the stay herself, which seems unlikely. The smart money is on her referring the case to the full bench to rule, which would most likely side with the plaintiffs. The decision will have rippling effects across the country. States like New Jersey have similar laws and are being sued in multiple lawsuits by organizations such as the Firearms Policy Coalition (FPC) and the National Rifle Association (NRA).

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: banglist; ccia; goa; guncontrol; newyork; rkba
Many in the RKBA activist community are following this case closely, as it relates to New York's recently passed "CCIA" (Concealed Carry Improvement Act") that cynically tries an end-run around the SCOTUS Bruen decision.

As noted, Sotomyor will probably refer this petition to the court, though there's a chance she could just deny it on her own and wait for it to wind through the process. The reason she'll likely refer it is that an outright denial would allow the petitioner to approach any other justice (including Thomas), who can't be too pleased with the way that NY is trying to undermine Bruen.

It goes beyond New York, as other deep-blue states are trying similar tactics of their own.

1 posted on 12/29/2022 2:04:26 PM PST by absalom01
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To: absalom01

Oregon, which has gone beyond even NY, also has a number of lawsuits filed against. We can only hope for relief from the USSC at this time.


2 posted on 12/29/2022 2:11:33 PM PST by jimtorr
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To: absalom01

“The Wise Latino” is gun grabbing communist, if she can figure a way to help them subvert the 2nd she’ll do it.


3 posted on 12/29/2022 2:14:32 PM PST by gibsonguy
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To: absalom01

As expected, the states and lower courts are just blowing off the Supreme Court. They know this will take years. And as soon as the Supremes finally get to their case, they will pass another law that will take years.


4 posted on 12/29/2022 2:19:53 PM PST by ModelBreaker
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To: gibsonguy

She really doesn’t have much choice here. If she rejects the GOA petition outright, GOA can immediately resubmit to another SC judge of their choosing. The only chance the State has here is that the full court somehow decides against itself in Bruen. That’s not bloody likely, but it keeps her street cred intact and she gets to avoid appearing like a biased troll (even though we know she is). Nope...this either goes to the full court or GOA goes straight to Thomas if the Wise Latino rules against the GOA.


5 posted on 12/29/2022 2:36:59 PM PST by The Unknown Republican
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To: ModelBreaker

Yep.
Because there’s no penalty for doing so written in our constitution.
The closest thing is to vote out of office those who appoint these robed tyrants and elected anti civil rights commies.

Of course, with the ballot box being as corrupted as it is....


6 posted on 12/29/2022 2:41:46 PM PST by RandallFlagg ("Okay. As long as the paperwork is clean, you boys can do what you like out there." -Fifi)
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To: absalom01; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

7 posted on 12/29/2022 2:47:27 PM PST by PROCON (Sic Semper Tyrannis)
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To: The Unknown Republican

I have to ask, what does “the full court” mean in this case? Full 2nd Circuit Court? Or full SCOTUS? This does not seem to be clear from the full Ammoland post nor the responses.
Either way, it sounds like “wise” Latina has been outmaneuvered, perhaps too “wise” for her own good (like most lib-tards!).

Ed


8 posted on 12/29/2022 2:52:09 PM PST by simi_ed (Change the NRA)
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To: simi_ed

Full Supreme Court.


9 posted on 12/29/2022 3:03:37 PM PST by The Unknown Republican
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To: The Unknown Republican; gibsonguy
> ...Wise Latino...

I believe it's "Wide Latina".

10 posted on 12/29/2022 3:09:27 PM PST by dayglored (Strange Women Lying In Ponds Distributing Swords - Arthur Pendragon 2024)
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To: gibsonguy

you can’t say “Latino” and “she” to refer to the same person unless you or they are a gender denier. If she is we can strip her of her “wise Latina” title.


11 posted on 12/29/2022 3:12:08 PM PST by AndyJackson
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To: All

there needs to be a way to enforce sanctions against NY and other blue states in these cases... very large sanctions...


12 posted on 12/29/2022 3:14:51 PM PST by SteveH
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To: RandallFlagg

Or put all tyrant states on preclearance like with elections. No new law takes effect till SCOTUS blesses it.


13 posted on 12/29/2022 3:53:00 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: jimtorr

It is amazing how much damage Kate Brown has done in such a short time. And God help Oregon with Kommie Kotek at bat.


14 posted on 12/29/2022 4:23:10 PM PST by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
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To: dayglored

Can one ever really be sure now?


15 posted on 12/29/2022 5:18:45 PM PST by The Unknown Republican
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To: gibsonguy

She can’t. She could only delay it a bit.


16 posted on 12/29/2022 5:59:56 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: AndyJackson

Yes l have committed a linguistic crime


17 posted on 12/29/2022 8:25:38 PM PST by gibsonguy
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To: gibsonguy

or an insult


18 posted on 12/30/2022 4:19:28 AM PST by AndyJackson
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To: AndyJackson

is it possible to insult someone who lacks the capacity for shame?


19 posted on 12/30/2022 8:55:25 AM PST by gibsonguy
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