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His vote, along with Alito, Thomas and Gorsuch will be enough to grant cert.
Roberts didn't say anything. Roberts is a problem.
Kavanaugh’s concurrence is very short:
I agree with the per curiam opinion’s resolution of the
procedural issues before us—namely, that petitioners’
claim for injunctive relief against New York City’s old rule
is moot and that petitioners’ new claims should be addressed as appropriate in the first instance by the Court of
Appeals and the District Court on remand.
I also agree with JUSTICE ALITO’s general analysis of Heller and McDonald. Post, at 25; see District of Columbia v.
Heller, 554 U. S. 570 (2008); McDonald v. Chicago, 561
U. S. 742 (2010); Heller v. District of Columbia, 670 F. 3d
1244 (CADC 2011) (Kavanaugh, J., dissenting). And I
share JUSTICE ALITO’s concern that some federal and state
courts may not be properly applying Heller and McDonald.
The Court should address that issue soon, perhaps in one of
the several Second Amendment cases with petitions for certiorari now pending before the Court.
Thank you for posting all that.
When I was in high school 66-67-68 in Lincoln Park, Michigan we had a state-of-the-art 3 gyms (main and auxiliary) on each side. Underneath was a dirt track, batting cages, weight room, wrestling room, archery range, pistol range. Next to it was an olympic-sized swimming pool with the different platforms for divers. Some weeks our gym class was in the pistol range learning safety and technique. Some Detroit Tigers (baseball not zoo) would come there to work out in the offseason.
Those were the days, my FRiend. #fortunate
OUTSTANDING post. Thank you. 535++++ vs 330 MILLION? How did Hitler, Stalin, Mao, Fidel, Hugo do it?
“Roberts is a problem,” is right! You just cannot trust some of these black robed knuckleheads at all. That Obamacare tax that wasn’t a tax travesty shines a spotlight on his empty soul.
So the city was proven wrong, thanks to NYSRPA
Amazing that the repeal of Obamacare hinged on two people - John McCain, who campaigned on getting rid of it, and supposedly conservative Roberts, who came up with the bird-brained “tax” idea.
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
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He didn't have to say anything, he record speaks for itself. An amicus brief by Democratic Senators said that they would be very upset if the Court struck down NYC's law. That's enough to intimidate Chief Justice Penaltax. After the Democrats' angry reaction to Citizen United he's been afraid to cross them again. This decision is simply another example of his cowardess.
2A is quite clear.
All of our gun groups are involved in this case. NYSRPA was lead, we have a few more pending cases.
Cuomo and BeBlasio are frightened that if we win this they lose much of the control they want to increase.
We are all trying to digest this but agree, Roberts is a problem. Another loser from Buffalo.
It is clear that SCOTUS has been waiting for a split before jumping back into a 2A case. I’m not surprised that this particular case was ruled moot especially since Roberts is trying to maintain that the courts are apolitical. However, it is becoming clear that there is a desire to take a 2A case since the issue is now considered “ripe” with so many lower courts ignoring much if not all of what Heller and McDonald held with respect to 2A. With or without a true split a case will eventually be heard and most likely next term.
Let's shine some light on these vermin.
February 4, 2015:
cockroach Robert W. Sweet [Southern District of New York: D-PeanutBoy "judge"] was the scoffing POS that ruled against the New York State Rifle and Pistol Association in the first place.
Said cockroach met his maker in 2019, and is residing comfortably where he'll never get cold.
February 23, 2018:
3 more cockroaches from the Second Circuit Court of Appeals went through their lying gyrations and once again ruled 3-0 against the New York State Rifle and Pistol Association.
cockroaches from the three-"judge" panel:
Gerard Lynch [twofer - ClownBammy and Rapin Bill "judge"]
Democrat politician [1986-88] Rosemary S. Pooler [Rapin Bill "judge"]
Susan L. Carney-"Barker" [ClownBammy "judge"] - confirmed 71-28, so she is probably a totally partisan Democrat POS. Married to "jernalist" Lincoln W. Caplan, II who wrote the hypocritical elite navel-gazing piece “Should Facebook and Twitter Be Regulated Under the First Amendment?”, about why President Trump can't block people on Twitter, but it's OK to censor opponents of the Left.
After the two kangaroo courts had their little red-rubber-nosed clown shows, New York had to scramble to to change their garbage anti-gun laws so as to moot the case before the Supremes got hold of it.
Justice Alito noted their antics in his dissenting opinion:
In the District Court and the Court of Appeals, the City vigorously and successfully defended the constitutionality of its ordinance, and the law was upheld based on what we are told is the framework for reviewing Second Amendment claims that has been uniformly adopted by the Courts of Appeals.
One might have thought that the City, having convinced the lower courts that its law was consistent with Heller, would have been willing to defend its victory in this Court.
But once we granted certiorari, both the City and the State of New York sprang into action to prevent us from deciding this case.
Although the City had previously insisted that its ordinance served important public safety purposes, our grant of review apparently led to an epiphany of sorts, and the City quickly changed its ordinance.
And for good measure the State enacted a law making the old New York City ordinance illegal.
Thereafter, the City and amici supporting its position strove to have this case thrown out without briefing or argument. The City moved for dismissal “as soon as is reasonably practicable” on the ground that it had “no legal reason to file a brief.”...
===================
Just another day in the double-standard world of the Democrats and the Left.
SCOTUS needs to address this fundamental injustice.Just as the 1st and 5th Amendments mean the same *everywhere* in the country so should the 2nd.
Anyone who has a problem with the 1st Amendment has the right to work toward its repeal.Same goes for the 2nd.
The court totally punted. It is disgraceful. The dissent totally eviscerates any claim of ‘mootness’. It is quite apparent that even the liberal hacks on the court were afraid of what a decision would be, and could not come up with even threadbare excuses to uphold the current law.