VikingsGuy
Well-known member
Yup and liberals found it in 2016 after having lost it for the preceding 8 years. Both sides play this game.
Roberts Has Flipped on 2A
- Thread starter 3855WIN
- Start date
The collective amnesia this nation is always engaging when one party takes over from the other in is an amazing thing to watch. I.E. Executive power grab orchestrated by Cheney in 2001-2004 & built upon by Obama.
VikingsGuy
Well-known member
"flipped is the wrong word.
First of all, Heller was about an outright ban for possession of a handgun in the home - no reason to believe Roberts wouldn't vote the same way on the same facts today. Heller also said explicitly that regulations on firearms were permitted subject to the constitutional review of their scope and effect. More accurate is that Roberts has "dashed the hopes" of advocates for a "broad personal right of self-defense under 2A" that would preserve ARs, large magazines, and "shall issue" carry permits as a matter of constitutional law.
Second, if Roberts had truly "flipped" then the 4 liberal justices would have taken up those cases since they want Heller reversed or narrowed. So, really neither side is certain where Roberts will draw the line. It was fairly clear he was going to rule against the NY law this spring before it was mooted by the state legislature. My guess is this will be a fact by fact assessment going forward frustrating both sides of the issue.
What we need is a state in a conservative circuit to pass some anti-2A rules and get those blocked by the conservative circuit and then see what Roberts does facing conflicting circuits. But low odds of those states passing those in the first place unless trying to bait the argument.
First of all, Heller was about an outright ban for possession of a handgun in the home - no reason to believe Roberts wouldn't vote the same way on the same facts today. Heller also said explicitly that regulations on firearms were permitted subject to the constitutional review of their scope and effect. More accurate is that Roberts has "dashed the hopes" of advocates for a "broad personal right of self-defense under 2A" that would preserve ARs, large magazines, and "shall issue" carry permits as a matter of constitutional law.
Second, if Roberts had truly "flipped" then the 4 liberal justices would have taken up those cases since they want Heller reversed or narrowed. So, really neither side is certain where Roberts will draw the line. It was fairly clear he was going to rule against the NY law this spring before it was mooted by the state legislature. My guess is this will be a fact by fact assessment going forward frustrating both sides of the issue.
What we need is a state in a conservative circuit to pass some anti-2A rules and get those blocked by the conservative circuit and then see what Roberts does facing conflicting circuits. But low odds of those states passing those in the first place unless trying to bait the argument.
VikingsGuy
Well-known member
Yup - everybody loves the Federal govt when on "our" side and expect the states to fall in line, and then love the "laboratory of the states" when "our" side loses DC. Been going on for a long time.
Its like being Bill Murray in Groundhog Day. You know whats going to happen, but everyone is dead set on doing it wrong.
I've worked at the state level for 20 Years in govt relations. Id much rather do that than watch the paint dry while pompous old Men bloviate in DC.
