Supreme Court to decide whether domestic abusers are allowed to own guns (user search)
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  Supreme Court to decide whether domestic abusers are allowed to own guns (search mode)
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Author Topic: Supreme Court to decide whether domestic abusers are allowed to own guns  (Read 4559 times)
brucejoel99
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Posts: 19,840
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Political Matrix
E: -3.48, S: -3.30

« on: July 02, 2023, 09:53:20 PM »


Tbf, granting cert to an extremely unsympathetic plaintiff has historically been a Roberts Court tell of an impending shootdown.
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brucejoel99
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*****
Posts: 19,840
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #1 on: November 08, 2023, 10:42:24 PM »

Oral args were yesterday, & Rahimi's public defender's performance was so bad that even Gorsuch thought by the end that a judge's protective order is sufficient due process, no matter the lack of a criminal conviction. Likely 7-2 with Thomalito dissenting, maybe even concurring in part on technical procedural Bruen args while still dissenting in part on due process.
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brucejoel99
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*****
Posts: 19,840
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #2 on: November 09, 2023, 12:26:19 PM »
« Edited: November 09, 2023, 12:38:46 PM by brucejoel99 »

Anyway, I have not heard the oral arguments but everything I've read agrees with brucejoel99 that Rahimi's case went so disastrously badly that he's basically certain to lose now. Barrett apparently questioned Prelogar about a different case which will go before the Supreme Court next term, Garland v. Range, which is also about applying the Bruen precedent -- but has a much more sympathetic plaintiff (instead of a domestic abuser like Rahimi, Range is an individual accused of making false statements to obtain food stamps; otherwise the fact pattern is similar with a judge issuing an order to disarm the plaintiff). Presumably these will be 'companion cases', where Rahimi loses but Range wins.

(Like, my understanding is that the best case scenario for Rahimi is the Court voting to vacate and remand in light of a pro-gun decision in Range.)

I don't think they'll have to hear Range (yet) with a broad Rahimi opinion echoing ACB's Kanter dissent that THT confirms restricting sufficiently adjudicated violent offenders, with Range then GVR'd in light of Rahimi.

EDIT: oh wait, it's the government appealing the overturning of a nonviolent restriction in Range, so they could presumably just decide to grant post-Rahimi & issue a quick per curiam affirming the 3rd Circuit's holding as binding nationwide precedent, if they don't wanna bother with the full merits process in light of Rahimi.
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