Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)

[JunkBoxFull]

LOL, appeal after appeal after appeal, until you are all bankrupted. One great big pissing contest.
The only winners are the lawyers. They still get paid regardless of the outcomes (with YOUR money).

SCOTUS can give all the lip service they want, and the states will continue doing whatever they want.
Its all about the goals.... disarm all of us. I would say they have a pretty good head start on us.

 

[maverick52]

I read the entire appeal to SCOTUS and I think we have a strong chance of having the stay vacated. Strong arguments and well presented. Not asking for a whole lot, just to vacate the stay until the Second reviews the appeal. Keeping my fingers crossed.

 

[JunkBoxFull]

As they continue playing tennis, they are the racket, we are the ball.

 

[nortatoga]

Emergency appeals: Stay requests

This election explainer was written by Amy Howe. It is part of SCOTUSblog’s 2020 Election Litigation Tracker, a joint project with Election Law at Ohio State. Election litigation usually moves […]

www.scotusblog.com

EMERGENCY APPEALS: STAY REQUESTS​

This election explainer was written by Amy Howe. It is part of SCOTUSblog’s 2020 Election Litigation Tracker, a joint project with Election Law at Ohio State.
Election litigation usually moves quickly. Often, a lower court will issue a preliminary ruling mere days or weeks before an election (or an important event related to the election, like the mailing of absentee ballots), leaving little time for the losing side to pursue a full-fledged appeal. In those circumstances, the losing side might file an emergency request asking the Supreme Court to put the lower court’s ruling on hold – a procedure known as asking for a stay – while the normal appeal is pending. Although stays are meant to be temporary, they often effectively resolve the issue at the heart of the case for the upcoming election.
The request for a stay is called an application – a brief that summarizes the facts and history of the case and outlines the arguments why the lower court’s ruling should be put on hold. The application for a stay goes, at least at first, to just one justice, known as the “circuit justice,” who handles emergency appeals from the geographic area where the case originated. The circuit justice can grant or deny the application on her own, or she can refer it to the full court for all of the justices to vote on it. The circuit justice also may order the other side in the case to file a brief responding to the request; depending on the case, that brief may be due within a few days (if not sooner).
If the circuit justice refers the request to the full court, the justices normally consider three factors when deciding whether to grant a stay and put the lower-court ruling on hold: whether they are likely to take up the case on the merits by granting a cert petition; whether, after granting a cert petition, there is a “fair prospect” that the justices will permanently overrule the lower court; and whether the lower court’s ruling will cause permanent harm if it is allowed to remain in effect while the case proceeds through the normal appeals process. The court will grant a stay if at least five justices vote to do so.
Unlike the opinions that the court issues after oral arguments, an order granting or denying a request for a stay is often very brief. The justices generally do not explain their decision, and they often do not explicitly indicate how each justice voted. Justices who disagree with the outcome may decide to do so publicly, either with a short statement included toward the end of the court’s order or by filing a dissenting opinion to express their dissatisfaction.

 

[Saltwater60]

Agreed. NY was waiting for the Bruen decision to come down before passing CCIA. They were ready with it for some time prior.

Sure, FUKH signed it with a vindictive mindset, but it was going to happen regardless. Bruen actually puts gun owners in a better position than if it did no happen, because so much of the 'sensitive places' wording of Bruen declares the CCIA unconstitutional prior to it ever being signed.

Agreed although I’m not sure she would have had the support without the Bruen decision. She used Bruen to lead people to believe Andy one could carry a gun at anytime and anywhere so they had to react fast and swift. This would not have been said and I don’t think she’d have had the support without it. This also helped to degrade many peoples thinking of the Supreme Court and “gives” legitimacy to the lefts claim to many about needing to impeach or pack the court. Brien was damaging IMO and we will never know what would have happened es without Bruen. Bruen being a good thing has yet to develop since as of now all it has done is hurt us and most others, and the hurt is still coming.

 

[ManualF150]

Agreed although I’m not sure she would have had the support without the Bruen decision. She used Bruen to lead people to believe Andy one could carry a gun at anytime and anywhere so they had to react fast and swift. This would not have been said and I don’t think she’d have had the support without it. This also helped to degrade many peoples thinking of the Supreme Court and “gives” legitimacy to the lefts claim to many about needing to impeach or pack the court. Brien was damaging IMO and we will never know what would have happened es without Bruen. Bruen being a good thing has yet to develop since as of now all it has done is hurt us and most others, and the hurt is still coming.

Hurt isn't even the word... I feel like Hochul spanked us people for no reason other than to make a point of dismissal to the Supreme Court.

 

[Deplorable Me]

I get so cornfused,
The constitution, laws, judges, shall be obeyed; unless you don't want to.
Is that the deal?

The US is about 10 minutes to chaos.

 

[CaliberPlus]

The US is about 10 minutes to chaos.

I cannot tell you how many people feel this way, all ages. Some of those people are in jobs that lend more credence to this opinion than I care to really think about. It isn't just guns either, think about how divided things have become in the last 2.5 years.

 

[Deplorable Me]

I cannot tell you how many people feel this way, all ages. Some of those people are in jobs that lend more credence to this opinion than I care to really think about. It isn't just guns either, think about how divided things have become in the last 2.5 years.

Shut up and drive your electric car to your electric heated house and read only government approved news on government sponsored media outlets, eat your bug burgers and bend over for your booster vaccine shot.

 

[Keyzard]

Shut up and drive your electric car to your electric heated house and read only government approved news on government sponsored media outlets, eat your bug burgers and bend over for your booster vaccine shot.

You forgot "Happy Christmahannukwanzadan"

 

[Saltwater60]

Shut up and drive your electric car to your electric heated house and read only government approved news on government sponsored media outlets, eat your bug burgers and bend over for your booster vaccine shot.

We’re white/conservatives so we’re not allowed to have any of those things and we have to give everything we have to people we don’t know and never wronged. This is not a racist comment. Some one pointed out to me it could be. If it’s deemed improper please delete and let me know. This is a knock against the government and the reparations they are attempting to do in NYS with our money giving to people we had not ever wronged.

 

[Steal2B]

 

[Grimscale]

sometimes you need to clam up and just deal with it even if you don't agree with it.

clamming up and "dealing with it" means loss of our Rights.
If you want to live that way, that's fine. I do not.
I want all of the Court decisions to go against the unConstitutional tyrants. I want their corruption and tyranny to be in full effect, on blatant display for the world to see.
Only then can we have them arrested and tried for their crimes against the People of the US. Only then can we throw the tea in the harbor, and throw the corrupt politicians in after it.

 

[ManualF150]

clamming up and "dealing with it" means loss of our Rights.
If you want to live that way, that's fine. I do not.
I want all of the Court decisions to go against the unConstitutional tyrants. I want their corruption and tyranny to be in full effect, on blatant display for the world to see.
Only then can we have them arrested and tried for their crimes against the People of the US. Only then can we throw the tea in the harbor, and throw the corrupt politicians in after it.

I'll claim that there was a deeper meaning to what I was referring to.

It should've been dealt with internally from the inside out before going to SCOTUS. There are ways and means to do this, formally not enforcing the CCIA or before that the Sullivan Act in writing is an example. You get enough counties to do this, eventually Albany will freak right out and realize that we aren't having it.

I know there is more to it than that, but it would show better support when the local governments do not agree with it.

 

[GlockModel29]

I'll claim that there was a deeper meaning to what I was referring to.

It should've been dealt with internally from the inside out before going to SCOTUS. There are ways and means to do this, formally not enforcing the CCIA or before that the Sullivan Act in writing is an example. You get enough counties to do this, eventually Albany will freak right out and realize that we aren't having it.

I know there is more to it than that, but it would show better support when the local governments do not agree with it.

I wish Justice Sotomayor would hurry up and deny the application so we can resubmit it to Justice Thomas and there's no doubt in my mind he will vacate the stay. Tired of walking around in stores with an empty IWB. Old habits are hard to break. Besides, all my pants are too big without the IWB in there lol....

 

[US RIFLE M1A]

Antonyuk et al has made it to SCOTUS's shadow docket...

SCOTUS DOCKET 22A557

 

[Cippee]

I don’t think she will deny it. I think she will refer it to the full court for a vote. If she denies it then Thomas will get to write the order himself when they file again. She would prob rather it go to the full court.

 

[Modean]

We’re white/conservatives so we’re not allowed to have any of those things and we have to give everything we have to people we don’t know and never wronged. This is not a racist comment. Some one pointed out to me it could be. If it’s deemed improper please delete and let me know. This is a knock against the government and the reparations they are attempting to do in NYS with our money giving to people we had not ever wronged.

I hope they try that crap. My family came to the US in 1903. Try paying my tax money out in "reparations" over the slaves we never owned. I will happily file the lawsuit.

 

[Cippee]

 

[Dr. Evil]

 

[JunkBoxFull]

 

[Acer-m14]

View attachment 184928

so she didnt stop it .. ? just gave them till Jan 3rd to reply ..

 

[JunkBoxFull]

Rights delayed are rights denied

 

[Glock_USA]

So it's somewhat of a good sign that SCOTUS wants a response from NY on this. I don't know what their response can be that wouldn't directly challenge the Bruen decision. If they do that it's not going to go well for them. Calling out the court directly. The only problem we have from what I've been able to see is that SCOTUS doesn't like to get involved in these things until it's a done deal in the lower courts so we may have quite a wait ahead of us. This could go either way.

 

[arp228]

So it's somewhat of a good sign that SCOTUS wants a response from NY on this. I don't know what their response can be that wouldn't directly challenge the Bruen decision. If they do that it's not going to go well for them. Calling out the court directly. The only problem we have from what I've been able to see is that SCOTUS doesn't like to get involved in these things until it's a done deal in the lower courts so we may have quite a wait ahead of us. This could go either way.

I believe their response will be on procedure, not the merits. They have no shot on the merits.

 

[Saltwater60]

I believe their response will be on procedure, not the merits. They have no shot on the merits.

We all need to remember this is only on the stay and has nothing to do with the end results of the case or constitutionality of the case we’re trying here in NYS. All this will do is reinstate the stay or leave the law in place. Well at least that’s my meager understanding.

 

[JunkBoxFull]

We all need to remember this is only on the stay and has nothing to do with the end results of the case or constitutionality of the case we’re trying here in NYS. All this will do is reinstate the stay or leave the law in place. Well at least that’s my meager understanding.

Any way we look at it, its a stall tactic. We know what the end game goal is, cost gun owners time and lots of money until we are ALL bankrupted.

 

[ROBBARTLEY]

We all need to remember this is only on the stay and has nothing to do with the end results of the case or constitutionality of the case we’re trying here in NYS. All this will do is reinstate the stay or leave the law in place. Well at least that’s my meager understanding.

Meager or not, you are exactly right. Depending on the decision of SCOTUS though my guess is it will significantly accelerate the 2nd Circuits review if vacation of the stay is granted or slow it even more.

 

[maverick52]

We all need to remember this is only on the stay and has nothing to do with the end results of the case or constitutionality of the case we’re trying here in NYS. All this will do is reinstate the stay or leave the law in place. Well at least that’s my meager understanding.

I think SCOTUS will vacate the stay. But I do think that the case itself will be appealed and will be the next big 2A case. That being the question of “sensitive places”. I don’t think there was enough guidance on the issue in the Bruen decision and it allowed all this BS. While we knkw it is unconstitutional the door was left open enough for the left tk kick the door in and take full advantage until SCOTUS gives clearer guidance on “sensitive places”. That’s my two cents.

 

[Glock_USA]

I think SCOTUS will vacate the stay. But I do think that the case itself will be appealed and will be the next big 2A case. That being the question of “sensitive places”. I don’t think there was enough guidance on the issue in the Bruen decision and it allowed all this BS. While we knkw it is unconstitutional the door was left open enough for the left tk kick the door in and take full advantage until SCOTUS gives clearer guidance on “sensitive places”. That’s my two cents.

If SCOTUS vacates the stay, how will that affect the 2nd Circuit's ultimate ruling? I think that is important. They need to send this message quickly and clearly.