Friday, November 5, 2021

It Smells Like Victory!

 Oral Arguments before the Court on the challenge to New York discretionary carry license.

On p. 22 Justice Sotomayor pointing out that discretion has historically been misused.

p. 114: Kavanaugh pointing out the Court's unwillingness to allow too much discretion on constitutional rights.

p. 94: "You don't have to say when you're looking for a permit to speak on a street corner or whatever that, you know, your speech is particularly important."

I get the impression we have enough justices to require shall issue.

If Fletcher used the word "tradition" one more time, I was expecting Tevye to burst into song.


  1. With what this IANAL is getting from the SCOTUS case, it is not so much of a victory lap, but more of an " well of course" outburst from the peanut gallery. Almost like the Justices have nothing really to debate, and the American people observing should expect no other ruling. But of course, that would be the case only in a non political world.
    Sadly, since, let's get crazy and go back as far as Marbury v Madison, the SCOTUS has been a partisan body, unlike what the founders envisioned. At least as far as I, not a lawyer, but just a common foundry worker, can understand. The founding fathers were shooting for the government that they wanted, not perhaps thinking of the attributes of human beings, who will always turn everything political, meaning of course, that there will always be someone who wants power, and will be willing to do whatever they have to do to get it. The addition of the Bill of Rights was a smart move to try and reign them in, but the debate that came along with it is understandable as well. By listing some of the rights that we have, you endanger other rights that we possess but don't list. You can see how often the government looks at the 9th and 10th amendments, right?
    I and many others often look to you, for your take on all things legal, and many other issues, since you tend to be correct a great deal of the time. Many other opinions are lining up with yours on this issue. I hope you are all correct, but as we have learned, with the Roberts court, strange things can happen.
    Have a wonderful winter, and we will all find out together come the end of the current court term.

    1. Tenth Amendment has been used successfully to strike down part of the Brady Handgun Control Act. Printz v. U.S. (1997). When Jefferson and Madison were exchanging letters about a Bill of Rights, Jefferson presciently observed that popular passions would overwhelm all written guarantees.