SCOTUS SITS ON 2A SNOPE CASE... What Happens Now?

Published on January 29, 2025
Duration: 16:24

This video analyzes the current status of two critical Second Amendment cases before the US Supreme Court: Snope v. Brown (Maryland's semi-automatic rifle ban) and Ocean State Tactical v. Rhode Island (magazine capacity bans). The host, Mark Smith, a constitutional attorney and member of the Supreme Court bar, discusses the low probability of a per curiam opinion similar to Kitano v. Massachusetts due to the unique circumstances of Justice Scalia's death. He estimates a very low chance of the Court granting certiorari this term, with a higher probability of denial or relisting. Smith emphasizes the importance of these cases for the future of Second Amendment rights.

Quick Summary

The US Supreme Court is currently deliberating on two major Second Amendment cases: Snope v. Brown (AR ban) and Ocean State Tactical (magazine capacity). Legal expert Mark Smith estimates a low probability of a per curiam opinion and a high likelihood of certiorari denial, possibly with dissents, or a relisting for future consideration.

Chapters

  1. 00:00Introduction: SCOTUS 2A Cases Pending
  2. 00:33Host Introduction: Mark Smith, Constitutional Attorney
  3. 01:01Purpose: Understanding the Legal System & 2A
  4. 01:32Case Breakdown: Snope v. Brown & Ocean State Tactical
  5. 01:52Ideal 2A Scenario & Current Status
  6. 02:31Supreme Court's Lack of Cert Grant
  7. 03:41Speculation on Court's Deliberations
  8. 04:07Social Media Presence: X (Formerly Twitter)
  9. 04:29Per Curiam Opinion Possibility (Kitano Case)
  10. 05:09History of Kitano v. Massachusetts
  11. 06:10Justice Scalia's Death & Impact on Kitano
  12. 07:02Low Probability of Kitano-like Outcome
  13. 07:52Low Probability of Cert Grant This Term
  14. 09:32Probability of Outright Denial of Cert
  15. 09:52Most Likely Outcome: Denial with Dissent
  16. 10:47Possibility of Pushing Cases to Next Term
  17. 11:39Ongoing Relisting of Cases
  18. 12:04Understanding Case Relisting
  19. 13:03Precedent: Dobbs Case Relisting
  20. 13:36Summary of Probable Outcomes
  21. 14:03Criticism of Supreme Court's Docket Size
  22. 15:00Best Hope: Cert Grant for Next Term
  23. 15:34What to Cheer For: Cert Grant for Next Term
  24. 15:42Host's Mission: Making Viewers Smarter
  25. 15:58Call to Action: Subscribe & Follow

Frequently Asked Questions

What are the two main Second Amendment cases currently before the US Supreme Court?

The two key Second Amendment cases are Snope v. Brown, concerning Maryland's ban on semi-automatic rifles, and Ocean State Tactical v. Rhode Island, which addresses magazine capacity limitations. Both cases are significant for gun rights advocates.

What is the likelihood of the Supreme Court issuing a per curiam opinion in these cases?

The host estimates a less than 1% chance of a per curiam opinion similar to the Kitano case. This is due to the unique circumstances of Justice Scalia's death during the Kitano deliberations, which prevented a stronger ruling.

What is the most probable outcome for Snope v. Brown and Ocean State Tactical at the Supreme Court?

The most likely outcome, estimated at 70%, is a denial of certiorari. This would likely be accompanied by a dissenting opinion from justices like Thomas and Alito, arguing that the Court should have heard the cases.

Why might the Supreme Court delay a decision on these Second Amendment cases?

The Court might relist these cases for future conferences, potentially pushing a decision into the next term. This allows for more internal deliberation and preparation of briefs, especially for cases considered highly significant.

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