Back in December 2022, I posted NY CCIA challenge at SCOTUS. The GOA challenged the Second Circuit Court’s stay regarding an injunction from Judge Suddaby.
Judge Suddaby enjoined the state from enforcing parts of the CCIA. The state ran to the Second Circuit Court, which heard the request for an emergency stay on an expedited schedule. Of course, the Second Circuit issued the stay.
The stay was just a single sentence, it was not particularly enlightening as to why the stay was granted.
GOA then took the stay to SCOTUS, alleging that the Second Circuit Court had not given them anything to argue and requesting that SCOTUS vacate the Second Circuit Court’s stay. Justice Sotoymyer did something that shocked me. She told the state to file an argument with her within the week, over Christmas.
In early January, SCOTUS denied overturning the stay, but in an unusual turn of events, Justice Alito(?) and Justice Thomas issued a concurring opinion. In that opinion, they said that the reason they believed the court denied the motion was for procedural reasons.
In the state’s filings, they claimed that the case was on an expedited schedule for the appeal to be heard. This was false. Only the request for the stay was expedited. Alito and Thomas said that if the Second Circuit Court didn’t hear the case and provide good justification for the stay, that GOA should come back to SCOTUS.
This put the Second Circuit Court on notice that they could not just let the case sit there for an extended length of time. Oral arguments were heard by the Second Circuit Court on March 20th, 2023.
We are waiting for the results of that hearing.
GOOD NEWS
Over in the Seventh Circuit Court, they are hearing Robert Bevis v. City of Naperville, 23-1353, (7th Cir.) which is the City of Naperville’s AWB/LCM ban.
The Seventh Circuit denied the plaintiffs (good guys) Motion for Injunction Pending Appeal Mot. for Inj. Pending Appeal, Robert Bevis v. City of Naperville, No. 23-1353 (7th Cir. Mar. 7, 2023), ECF No. 8.
Following in the steps of the Second Circuit Court, their order is well-thought-out and extensive:
— Order Robert Bevis v. City of Naperville, No. 23-1353 (7th Cir. Mar. 7, 2023), ECF No. 51
Unhappy with this result, the National Association for Gun Rights; Robert C. Bevis; and Law Weapons, Inc. filed an Emergency Application for Injunction Pending Appellate Review.
They are asking the Supreme Court to grant an injunction pending the Seventh Circuit Court issuing an opinion on the appeal.
And here is the great news:
— National Association for Gun Rights, et al., Applicants v. City of Naperville, Illinois, et al., No. 22-451 (SCOTUS May 1, 2023)
The Supreme Court is watching these gun control cases moving forward. Maybe this is a chance for them to tell the inferior courts to “do the right thing”.
The States and the inferior courts are acting like toddlers who are told that they can’t have cookies right before dinner.
That is absolutely what it feels like. Issuing rulings based on wants and not law or a plain reading of the Constitution.