SCOTUS CONSIDERING HUGE 2A CASES (what to look for...)

Published on May 9, 2024
Duration: 15:42

This video explains the Supreme Court's process for considering cases, specifically focusing on Second Amendment challenges to 'assault weapon' and magazine bans. It details what 'granting cert' means, the significance of the May 16th conference, and the implications of a case being 'relisted.' The speaker, a constitutional attorney and Supreme Court bar member, advises viewers on what outcomes to hope for and what to be wary of regarding these critical legal battles.

Quick Summary

The Supreme Court's May 16th conference is critical for Second Amendment cases like Bian and Herold, concerning 'assault weapon' and magazine bans. Granting certiorari requires four justices' votes. A 'relisted' case signifies reconsideration, potentially due to ongoing debate or the need for procedural review, such as examining plaintiff standing or case mootness.

Chapters

  1. 00:00Introduction to SCOTUS Procedure
  2. 00:13Key Cases: Bian, Herold, Bevis
  3. 00:25'Assault Weapon' Ban Terminology
  4. 01:08Upcoming Supreme Court Decisions (May 16th)
  5. 01:52Process vs. Substance in Law
  6. 03:03How SCOTUS Decides to Hear a Case (Certiorari)
  7. 04:04The Conference and the Rule of Four
  8. 05:02Potential Outcomes: Denied Cert vs. Relisted
  9. 06:19What 'Relisting' Means
  10. 07:38Relisting for Procedural Review
  11. 08:04Roberts Court Case Load
  12. 09:27Due Diligence: Standing and Mootness
  13. 10:47Relisting is Rare for Public Announcement
  14. 11:31The Worst Outcome: Relisted with Dissent
  15. 13:17Desired Outcome: Relist and Grant Cert
  16. 13:43Ideal Timeline for Granting Cert
  17. 14:24Waiting for Lower Court Rulings
  18. 15:02Further Resources: SCOTUS Blog

Frequently Asked Questions

What is the significance of the Supreme Court's May 16th conference regarding Second Amendment cases?

On May 16th, the Supreme Court justices will privately conference cases like Bian and Herold, deciding whether to grant certiorari (cert) and hear them. This conference is crucial as it determines if these challenges to 'assault weapon' and magazine bans will proceed to full review.

What does it mean if the Supreme Court 'relists' a case?

Relisting a case means the justices have decided to reconsider granting cert at a future conference. This can indicate internal debate among justices trying to reach four votes to hear the case, or it might be a procedural step to allow for deeper review of issues like standing or mootness.

What is the most desired outcome for Second Amendment advocates regarding the current SCOTUS cases?

The most desired outcome is for the Supreme Court to relist the cases (like Bian and Herold) at least once or twice, indicating serious consideration, and then ultimately grant cert to hear the merits of the 'assault weapon' and magazine ban challenges.

What are the key procedural issues the Supreme Court examines before granting cert?

Before granting cert, the Supreme Court will scrutinize procedural aspects such as whether the plaintiffs have legal 'standing' to bring the case and if the case is still 'moot' (a live controversy). These issues can prevent the Court from hearing a case even if they are interested in the substantive legal question.

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