Gun Control & RKBA
Related: About this forumObama Supreme Court nominee's record on guns in the spotlight
Some Republicans predict his record could make it tougher for Democrats from pro-gun red states to offer a full-throated defense of Garland.
The Judicial Crisis Network, a conservative-leaning group that will help lead the opposition to Garland’s nomination, is taking aim at Garland’s skepticism of a decision to overturn Washington, D.C.’s handgun ban nearly ten years ago.
Garland voted in 2007 as a member of the D.C. Circuit Court of Appeals to rehear a decision by a three-judge panel of the circuit court that struck down the handgun ban. He voted with three other judges on the circuit to rehear the case en banc, or as a full panel. The court, however, declined to do so by a 6-to-4 vote.
http://thehill.com/homenews/senate/273224-obama-nominees-record-on-guns-in-the-spotlight
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still_one
(97,074 posts)
razorman
(1,644 posts)I am not aware of any gun control issues pending before the SCOTUS. A Justice's views are only relevant in concern to cases that are going to appear before them. In the past, the Supreme Court has been very reluctant to take on gun rights cases, perhaps because of their political volatility. Aside from that, it is a loooong process to take a case from lower courts to SCOTUS. Meanwhile, because of their respective ages, we are very likely to lose two or three more Justices, who will probably be replaced by the next president. The fight is far from over.
Jackson3000
(7 posts)That could potentially move up in the next year or two. Peruta, for example.
razorman
(1,644 posts)"gun shy" about taking on these cases. (Pardon the pun)
TeddyR
(2,493 posts)Are the legality of state bans on "assault weapons" and magazine limits. It wouldn't surprise me if the Court, regardless of who is on it, upholds those types of laws. The other issue that the Court may have to decide is the level of scrutiny that courts should apply to gun control laws. None of those cases necessarily give the court an opportunity to overturn Heller. I'd be surprised if Merrick decided to overturn Heller in any event. And the fact that he voted for rehearing on a case doesn't mean he would have reached a contrary conclusion (though he certainly might have).