In two days, we will get our next cup of tea leaves.
On the 16th, Gray waived the 14-day waiting period for distribution of Petition. They requested that the case be distributed for the January 10th conference on December 24th.
They did, indeed, get their reply in on time. Amazing how the good guys get their paperwork in on time while the state, with nearly infinite resources, is forever requesting extensions.
What does this mean?
As of the morning of the 21st, all three Second Amendment cases seeking cert are now fully briefed. Two are at final judgement and the third is about preliminary injunctions, so being in an interlocutory state is not an issue.
We have three cases teed up and ready to go.
All three cases are simple cases if the Court follows their own president.
Are “assault weapons” arms under the Second Amendment? Yes.
Is this a gun ban case? Yes.
Is this class of arms in common use for lawful purposes? Yes.
Done.
Are “large capacity magazines” arms under the Second Amendment? Yes, but with a bit more language. Magazines are to arms as ink is to free speech.
I this a ban on a class of firearms? Yes.
Is this class of arms in common use for lawful purposes? Yes.
Done.
Is a violation of the Second Amendment to the US Constitution a violation of a Constitutionally protected right? Yes.
Done. Irreparable harm has been committed if a Second Amendment protected right is violated.
Gray’s response points out that there is a circuit split. It points out that a violation of any constitutionally protected right that cannot be fixed with money is irreparable harm.
Prove it!
The state is arguing that the plaintiffs (good guys) “…failed to prove they will more likely than not suffer irreparable in jury while proceedings are pending.”
The petitioners (plaintiffs and good guys) did make a showing that they were suffering irreparable harm. They argued that violation of intangible Second Amendment rights is irreparable harm.
The state argues that they didn’t even try to prove irreparable harm. They counter with the proof is that it is irreparable harm because it is a violation of a Constitutionally protected right.
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