Snope and ocean state denied. Fuckers.
Damned docket teases.
Of course, on the day Iâm slammed at work at canât monitor.
Reason article:
⊠Today, the Supreme Court finally put the petition out of its misery and denied cert. Justices Thomas, Alito, and Gorsuch would have granted. Justice Barrett, as usual said nothing. Justice Kavanaugh wrote a very unusual statement respecting the denial of the petition. The first two paragraphs explain why the Maryland decision was âquestionable.â If you read these parts, you would expect a grant. Indeed, Kavanaugh as circuit judge had found that the District of Columbiaâs ban on AR-15s was unconstitutional. But then, we get to the last paragraph:
In short, under this Courtâs precedents, the Fourth Circuitâs decision is questionable. Although the Court today denies certiorari, a denial of certiorari does not mean that the Court agrees with a lower-court decision or that the issue is not worthy of review. The ARâ15 issue was recently decided by the First Circuit and is currently being considered by several other Courts of Appeals. See Capen v. Campbell, 134 F. 4th 660 (CA1 2025); see also, e.g., National Assn. for Gun Rights v. Lamont, 685 F. Supp. 3d 63 (Conn. 2023), appeal pending, No. 23â1162 (CA2); Association of N. J. Rifle & Pistol Clubs, Inc. v. Platkin, 742 F. Supp. 3d 421 (NJ 2024), appeal pending, No. 24â2415 (CA3); Viramontes v. County of Cook, No. 1:21âcvâ4595 (NDIll., Mar. 1, 2024), appeal pending, No. 24â1437 (CA7); Miller v. Bonta, 699 F. Supp. 3d 956 (SD Cal. 2023), appeal pending, No. 23â2979 (CA9). Opinions from other Courts of Appeals should assist this Courtâs ultimate decision making on the ARâ15 issue. Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the ARâ15 issue soon, in the next Term or two.
My mouth nearly hit the floor when I read this. Kavanaugh all-but signals that he will be a fourth vote to grant cert. He does not identify any vehicle problems, or reasons why the Maryland petition should not be granted. Does he really think that rulings from the Ninth Circuit will help much in the deliberations? These courts will all rule against the Second Amendment. Nothing is in doubt. The upshot is that the Court is really busy with other stuff right now, and you all should just come back later. The Second Amendment could take a sabbatical for a year or two until the docket lightens up. Indeed, this case has been pending for nearly four years. Maryland gun owners will just have to chill. ,
Oh, and KAWKSUKKAHS! Illegal immigrant deportations, an emergency, right now!
The #2 constitutional right? Yâall can wait.
⊠The Third Circuit is set to hear oral arguments on ANJRPC and Cheeseman on June 30th. In those cases, the lower court ruled that the Colt AR-15 is protected under the Second Amendment (a clear break in interpretation from Maryland in Snope). The composition of the Third Circuit is much more favorable, and the binding precedent at the Third Circuit is much more favorable to gun rights than elsewhere in the nation. The Third Circuitâs ruling in these cases is therefore most likely to be different than that coming out of Illinois, California, and Maryland.
New Jerseyâs cases are now, potentially, the most important cases in the nation in overturning âassault weaponâ and magazine bans. As such, a final ruling in ANJRPC and Cheeseman may well be the case that SCOTUS must finally review. And that aligns with Kavanaughâs predicted timeline of putting this issue to bed in the next one to two terms.
It would be cool, if a case from NJ was the one SCOTUS used to smack down the antis again, but it is beyond frustrating how long these cases drag out. Politicians and the lower Courts are ignoring SCOTUS and the 2A.
A Right Delayed is a Right Denied. Weâve been denied our Rights for far too long already.
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Just saw this, Not sure if this is already being talked about. Apologize if it is.
Soon = Years
New Jersey Firearm Owners Syndicate
Mark Cheeseman
Press@njfos.orgFOR IMMEDIATE RELEASE
June 2, 2025
New Jersey Firearm Owners Syndicate
Statement on Denial of Cert in Snope and Ocean State Tactical
Atlantic Highlands, NJ June 2, 2025 ----
Statement on behalf of New Jersey Firearm Owners Syndicate
While many of us in the Second Amendment Community were both shocked and disappointed in todayâs denial of certiorari by the Supreme Court of Snope v Brown and Ocean State Tactical et al v Rhode Island, the court gives us hope. In itâs denial, Justice Kavanaugh writes:
âIn short, under this Courtâs precedents, the Fourth Circuitâs decision is questionable. Although the Court today denies certiorari, a denial of certiorari does not mean that the Court agrees with a lower-court decision or that the issue is not worthy of review. The ARâ15 issue was recently decided by the First Circuit and is currently being considered by several other Courts of AppealsâŠOpinions from other Courts of Appeals should assist this Courtâs ultimate decisionmaking on the ARâ15 issue. Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the ARâ15 issue soon, in the next Term or two.â
The votes are seemingly there to find on the merits in favor of the Second Amendment. However it has been made clear the court wants a circuit split before granting certiorari. The case now best poised to create that split and cover both the bans of firearms and features as well as magazine capacity are the consolidated cases now before the Third Circuit, including Cheeseman v Platkin, so named for Plaintiff Mark Cheeseman, founder and President of New Jersey Firearm Owners Syndicate. Pro-second Amendment districts simply donât have bans to challenge to create a split, and entrenched anti-Second Amendment districts consistently find against the Right to Keep and Bear Arms. The makeup of the 3rd circuit, especially en banc, gives favor to the Second Amendment Right to Keep and Bear Arms, even if not in totality. Therefore a win, even a modest one, can prove to be the tipping point of the scales. Cheeseman v Platkin may be the most important 2A case percolating through the system since Bruen.
Oral arguments before the Third Circuit are scheduled for June 30, 2025. We eagerly await these proceedings, and encourage everyone to support the organizations, such as Firearms Policy Coalition, litigating these cases.
âNJFOSâ
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Kavanaugh kicked it back down essentially - telling the 4th circuit to get their crap togetherâŠ
Is emil bove on the 3rd circuit yet?