SCOTUS grants cert: 8; #2A: 0 (Read 2285 times)

punaperson

SCOTUS grants cert: 8; #2A: 0
« on: January 13, 2019, 07:21:43 AM »
The results of Friday's SCOTUS private conference. And time marches on. Anyone here getting any younger while we "wait"? (Young and Nichols were argued 11 months ago.)

Note that two of the cases granted cert were filed by Neal Katyal, the attorney representing Hawaii in the petition for en banc in Young. As Kennedy mentions in the video below there are approximately 8200 applications for cert each year, the justices consider about 500 of them, and grant cert to less than 100... just to show the odds of two cases being accepted from one attorney.

Eight new grants, Ginsburg recovery from surgery “on track”

http://www.scotusblog.com/2019/01/eight-new-grants-ginsburg-recovery-from-surgery-on-track/

The list of grants did not, however, include some of the high-profile cases that the justices considered this morning, involving issues such as abortion, gun rights, the Trump administration’s decision to end the “Deferred Action for Childhood Arrivals” program, the ban on transgender servicemembers in the military and whether federal employment discrimination laws protect LGBTQ employees.

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Here is an hour long video interview with recently retired SCOTUS justice Kennedy which includes him explaining how things work at the private conference where granting cert is handled, which basically amounts to each justice, in order of seniority, saying whether they think cert should be granted or not, apparently without any further discussion. The "discussion" takes place during oral arguments when each justice gets to "question" counsel for both sides, which is indirectly commenting on the views of opposing justices. Kennedy also mentions that he thinks it's usually a good idea for lawyers with SCOTUS experience to argue the cases there, as opposed the attorneys who may have handled the cases at all stages prior to the SCOTUS appearance (See: Young). The discussion of these matters starts at 22:40 of the video.

RSN172

Re: SCOTUS grants cert: 8; #2A: 0
« Reply #1 on: January 13, 2019, 04:57:53 PM »
Don't know why SCOTUS is so afraid to take on the 2A arguements and settle this once and for all.  Even Scalia wasn't that pro 2A, certainly not at all like Thomas.
Happily living in Puna

6716J

Re: SCOTUS grants cert: 8; #2A: 0
« Reply #2 on: January 15, 2019, 02:55:01 PM »
I'd rather have a bottle in front of me, than a frontal lobotomy.

London808

Re: SCOTUS grants cert: 8; #2A: 0
« Reply #3 on: January 15, 2019, 04:51:22 PM »
Don't know why SCOTUS is so afraid to take on the 2A arguements and settle this once and for all.  Even Scalia wasn't that pro 2A, certainly not at all like Thomas.

Simply put they know that if they take a second amercement case they will have to find in favor of the right. Shall not be infringed is super clear.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

RSN172

Re: SCOTUS grants cert: 8; #2A: 0
« Reply #4 on: January 15, 2019, 09:51:17 PM »
Simply put they know that if they take a second amercement case they will have to find in favor of the right. Shall not be infringed is super clear.
To you and I, but liberal politicians in Hawaii and a few other states seem to think it means inside your home only.  Too bad Hawaii doesn't have elected Sheriffs like they do on the mainland.  Probably wouldn't help anyway, a left leaning liberal would get elected here.
Happily living in Puna

punaperson

Re: SCOTUS grants cert: 8; #2A: 0
« Reply #5 on: January 16, 2019, 08:00:23 AM »
Simply put they know that if they take a second amercement case they will have to find in favor of the right. Shall not be infringed is super clear.
Yeah... but....

As Scalia put it in Heller:

"There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment’s right of free speech was not..." p.22

That's what we're all arguing about... what are the limits? Though the claim that "bear" is applicable only to inside the home is utterly preposterous for the whole litany of reasons given, not the least of which is that Heller goes on to list certain locations where bearing may be prohibited ("schools and government buildings") which wouldn't even be a question to address if no one could lawfully bear arms outside their home to get to those prohibited locations, etc.