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Discussion (60 Comments)Read Original on HackerNews
This opinion is mostly standing/housekeeping.
Here's a clean interpretation of the ruling https://law.justia.com/cases/federal/appellate-courts/ca10/2...
And the actual ruling [pdf]: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/0101...
The VRA wasn’t struck down either. The court just ruled that race based gerrymandering isn’t legal if it results in partisan advantage in such a district.
The supreme court's ruling is basically: "Racial gerrymandering is insulated from legal recourse as long as it's packaged as partisan mapmaking"
I'm sorry but this is an unserious, bad faith nitpick. The court is absolutely packed by carefully manipulating the membership. The confirmation process for most of my lifetime has been an intensely partisan operation to ensure only the most hardened political operatives land on the court, with the intention of turning it into the 'super legislature' that it is. This argument does a disservice to the people who worked so hard to pack it.
> The VRA wasn’t struck down either
I mean, that's your opinion. but you're not on the SC and someone who is says that this decision's effect is to "eviscerate the law."
"Neener neener neener" isn't a valid legal theory.
Works surprisingly (depressingly) well when there’s no pushback. We’re not controlling news media, we’re just issuing broadcast licenses. It’s not a movie and videogame censor, it’s just a state agency for mandatory age ratings. (In at least one Western country that was literally a rebrand.) Or closer to TFA’s locale, we’re not regulating commercial activity within a single state, we’re just controlling its impact on the interstate market. (Don’t worry, it’s all for a good cause, child labor is bad after all.)
Some states seem to have designated even private roads as “public” if there is uncontrolled access (seems ripe for a court challenge though). But offroading or gated roads would be fine even here.
Some YouTubers have fun importing cheap Chinese cars that aren’t street legal and destroying them with extreme offroading.
Somehow I doubt that many 2nd amendment supporters would be okay with "You don't need a registration number on your gun, it'll just be illegal to carry/use it anywhere except private property"
https://www.reddit.com/r/legaladvice/comments/dep350/receive...
Per the statute text, you may not manufacture a firearm for personal use in Colorado: the statute requires an FFL's license number (which you do not have) to be placed in the serial number string.
FFLs didn't exist in 1790 - therefore this fails Bruen among other standards.
What part of "shall not be infringed" is difficult to understand?
It's the ATF and congressional Democrats (who are very much not "gun rights advocates") who created that "absurd fiction".
Full case record: https://www.courtlistener.com/docket/68598045/national-assoc...
Unless there's been court packing by then of course.
I'm not even saying that shootouts are a good way to handle the situation, or that people should be trying to put things right by shooting other people but the idea that the 2nd amendment is protecting us from violations of our freedoms or the abuses of government is clearly pure fantasy.
I could see this standing, there's no point in the state appealing, as Colorado couldn't reach another appeals circuit, and appealing to the Supreme Court limits SCOTUS to an appellate court and no original jurisdiction so the court has no reason to rule on this
Additionally I was alluding to the process of using a other circuit by bringing a case in another state that has similar laws as Colorado, thats the only way for a potential circuit split, forcing SCOTUS review.