Thread Rating:
  • 1 Vote(s) - 5 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Democratic Senators "Warn" SCOTUS
#23
(08-15-2019, 01:11 PM)Sociopathicsteelerfan Wrote: All of this assumes not only that the case is now moot and that continuing to hear it would be "steeping out of bounds" as you put it.  IMO, and the plaintiffs, neither of these things are true.

The most critical parts, IMO, are bolded and underlined.  While you may disagree, it is clearly not without precedent to continue to hear the matter and it's certainly not "steeping out of bounds" as you put it.  

I would have to read the original filing and all to get a better grasp of what the ruling is that has been brought to SCOTUS. SCOTUS is an appellate court, not a court of original jurisdiction. If the facts of the case have changed significantly enough that the case is no longer an appeal, then it is still outside the norms for them to hear it. It would need to be kicked back to a lower court to be reheard with the new facts. SCOTUS is not permitted to take up cases that have not gone through the process (another form of judicial activism if they did).

I am on the side of the plaintiffs with regards to this case; the laws in New York re: firearms are far more restrictive that what should pass constitutional muster. I just want everything to be done above board because of the broad implications involved in a ruling like this and because of the decline in our system that has been occurring over the years. If there is any question as to the way SCOTUS acted with this case, then it will become the left's Roe as they have seen the long game the Republicans played with that and the courts.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR





Messages In This Thread
RE: Democratic Senators "Warn" SCOTUS - Belsnickel - 08-15-2019, 01:25 PM

Forum Jump:


Users browsing this thread: 2 Guest(s)