NBC discover physics, but not common sense.

Since Elon Musk’s buying of Twitter, anything he does and says is now evil against mankind. And combine that with the latest fauxrage of hating on pick up trucks, you get stupid stuff like the tweet above.

Just for kicks, I wonder how a pedestrian, or an occupant of a light vehicle would fare against a very common and old vehicle like … I don’t know… oh yes! An 18-wheeler! And I say this because yesterday while stuck on traffic in Nashville, I saw the brief interaction between one of those behemoths against a (Not-So) Smart Car. It was nothing bloody or tragic, but a vehicle-to-vehicle contact and probably at low speed. Let me clarify that: It was a truck tire contact against the clow car which ended up with a circular damage on the left side of it., an almost perfect engraved circle. The cop taking the report and the trucker seemed to have a tough time holding their laughter and the owner of the Tonka wheels did not appear amused.

Given equal speeds, lots of steel will always beat less steel and lots of plastic. Some find that the hard way when requesting passage through the Pearly Gates or intubated at the local ER.

 

 

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A Take down of the Second Circuit Court’s Odious opinion

Legal Case Analysis
B.L.U.F.
In reading some recent filings, I came across this excellent take down of the Second Circuit Court’s opinion.
(1550 words)


The following is mostly from plaintiffs (good guys) in Kipke v. Moore in the District Court of Maryland. As mentioned the other day, the state is using the opinion out of the Second Circuit to bolster their arguments. The plaintiffs are having none of it.

Plaintiffs respectfully submit the following response to Defendants’ Notice of Supplemental Authority. See Notice, Doc. No. 45. Plaintiffs argue that the Second Circuit “rejected the notion that courts should look only to Founding-era laws and traditions.” Id. at 1. The only authorities cited by the Second Circuit are the now-vacated Eleventh Circuit opinion in National Rifle Association v. Bondi, a concurrence from the Third Circuit, and two Circuit court opinions pre-dating Bruen. See Antonyuk v. Chiumento, 2023 WL 8518003, at *16 (2d Cir. Dec. 8, 2023). Plaintiffs maintain that “the scope of the protection applicable to the Federal Government and States is pegged to the public understanding of the right when the Bill of Rights was adopted in 1791.” Bruen, 142 S.Ct. at 2137. The paucity of relevant authority supporting the opposing view only bolsters Plaintiffs’ position. The Second Circuit further erred in suggesting that a different analysis was appropriate “[b]ecause the [New York statute] is a state law.” Antonyuk, 2023 WL 8518003, at *15. Bruen squarely holds that the Second Amendment has “the same scope” against the States as it does against the federal government and thus there can be no different test when it is applied to the States. Bruen, 142 S. Ct. 2137. See Mem. in Support of Pls.’ Mot. for Prelim. Inj. at 11–13, Doc. 24-1 (“MPI”); Pls.’ Reply at 11–12, Doc. 38 (“P. Reply”)
Kipke v. Moore, No. 1:23-cv-01293, slip op. at 1–2 (D. Md.)

NRA v. Bondi was the case down in Florida where the 3 judge panel found that 18, 19, and 20-year-olds were not part of “The People”. They published their opinion. Their opinion was immediately stayed by another judge on the Eleventh Circuit court. The case was then taken up en banc.

We are waiting for the en banc panel to issue their opinion.

Citing to NRA v. Bondi as good case law is a profound error. It is no different than citing to —Dred Scott v. Sandford, 60 US 393 (Supreme Court 1857) to support a current regulation. (Dred Scott was an awful Supreme Court opinion that has been corrected by the Supreme Court.)

The Circuit Courts like to think of themselves as Supreme Courts. Even if the Supreme Court has told the Article III inferior courts how to do something, the Circuit Courts, which are inferior courts, will hold on to their past opinions with a stranglehold.

The Forth Circuit court should have had an easy task when asked if Kolbe is still good law. The Supreme Court just GVRed a case to the Fourth, telling them that using Kolbe they got it wrong. Yes, Kolbe is part of the dung heap of the past.

Depending on decisions, pre-dating Bruen is wrong. The problem that these rogue courts have, is that they don’t have any ground to stand on. Every time they think they are on firm ground, it turns to quicksand. They knew they were infringing when they used the means-end tests. They knew they were ignoring what the Supreme Court wanted. They were more concerned with their agenda.

In —Mcdonald V. Chicago, 177 L. Ed. 2d 894 (2010), the Supreme Court clearly stated that the Second Amendment is incorporated. That it applies to the states as well as the Federal government. For the Second Circuit to say that state law is somehow different is an abuse of their authority.
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Friday Feedback

There are numerous cases that are bouncing closer and closer to the Supreme Court. The readers of the tea leaves all agree, the Supreme Court is going to static.

There are people who have spent decades observing the Supreme Court, attempting to predict what they will do in any particular situation. Some of them have great track records, some reaching as high as 50%!

Cases exist in different “states”. Everything before final judgement is interlocutory. This means that the case hasn’t reached a conclusion at this level.

The current spat of infringements being challenged are all in that interlocutory state. The Supreme Court doesn’t normally act on cases that are still interlocutory. They much prefer everything done and ready for them to give an opinion that is going to stick.

So don’t worry when you see the Supreme Court hasn’t done something.

The reloading series is nearing an end, I have a few more articles to write in that series.

If you think there is something I’m missing, please let me know in the comments. I might have it queued up for an article already, or I might have missed it.

For those of you that do progressive reloading, yes, I know it is the cat’s meow. I might touch on it, but I’ve never used a progressive press. I’m not the right person to write that article.

As always, feel free to give us your thoughts in the comments below.

Have a great weekend!

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Amazon, that is not healthy.

I got a package delivered at four in the morning.

I am guessing it has to do with the Holiday rush, but an unknow car coming in a driveway in the boonies at that hour can get the residents a mite excited.

Then again, not breaking perimeter till I was damned sure nobody was trying to set me up was the way to go.

And yes, I was armed.

As somebody once said, “In God We Trust, everybody else keep your hands where I can see them.”

 

 

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Bevis v. Naperville, (U.S.) 23A486

We have some bad news. The case which was put on the Supreme Court’s emergency docket asking for a writ of injunction has been denied.

The total information we have currently is:
Dec 14 2023 Application (23A486) referred to the Court.
Application (23A486) for a writ of injunction pending certiorari presented to Justice Barrett and by her referred to the Court is denied.

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