Friday Feedback

Next week, the Fourth Circuit court will be hearing Bianchi for the 3rd time. The first time it was heard by a 3 judge merits panel. They said Kolbe was good law and still applied. The case then went to the Supreme Court.

After Bruen, the Supreme Court GVR’d Bianchi.

A different 3 judge merits panel heard the case. Before they issued their opinion, the Fourth Circuit decided to hear the case en banc. Oral arguments will be heard on the 20th.

We’ve had another Second Amendment challenge heard at the circuit level by the Third Circuit court of Appeals. This is a challenge to Delaware’s “assault weapons” ban.

TikTok is in the news. My concern with banning TikTok is that it could be used to justify banning other applications, such as Gab, Parlor or even X, if the people in power decide to do so.

I understand, completely, why TikTok is a horrible application that is known for spying on its users. It should not be allowed into anyplace where sensitive information could be heard or seen.

Jumping back to the court cases.

Immediately after Bruen, there was a spat of cases filed. Things seemed to be moving, moving rapidly even.

Some of the most inferior courts got it wrong, but enough got it right that we had strong cases.

Then the rogue, inferior, Circuit courts weighed in. They weighed in with their thumbs on the scale. They delayed and denied. They twisted dough in ways that would make a pretzel maker blush.

Everything seemed to have ground to a stop.

That log jam seems to have been broken. More cases are making it through the circuit courts. Cases are requesting cert from the Supreme Court.

It would not surprise me if we started to see some “not horrible” results to start coming out of the Appellate courts, just to keep cases away from the Supreme Court.

While many of our readers have expressed good arguments supporting the Second Amendment challenges, it is difficult for laymen, people not of the clothe, to understand just how arcane courts are.

It is entirely possible for the same lawyer to argue, before the same judge or panel on the same day, two opposing views of the same fact pattern.

Is it an arm? Yes, when we are talking about banning them under the NFA or GCA. No, if we are talking about the right to keep and bear arms.

It is open season in the comments. Give us your feedback. Give us your thoughts.

Have a fantastic weekend.