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Re: Oh, the humanity: OC in Texas

Posted: Thu Feb 11, 2016 7:48 am
by eye95
schmieg wrote:
eye95 wrote:In time, they'll figure out what most other States already know, that OC is no big deal and the signs will become fewer. The problem arose because of the foolishness of some OC advocates in Texas, not because of OC itself. Anyway, OC in Texas is still not the exercise of the Right, since you have to have a license to carry in that fashion. At least in Ohio, despite some infringements, OC represents the Right because no license is required.

On the 7th Circuit case: There is another case in the courts right now in which the appeals court took the exact opposite view. So the SCOTUS will have no option but to hear those two conflicting cases. Maybe they didn't hear the first case in anticipation of the second. Let two courts come to opposing conclusions, then settle both with one decision.
Conflict between the circuits is a reason for granting certiorari, but not a guarantee that it will be granted.
In a matter this fundamental with such opposite opinions, I cannot imagine the Court not taking it up. If they don't, the other appeals courts will continue to add their own opinions as advocates continue to push the issue, until the Court has to do something about the patchwork of law created by the conflicting rulings.

Re: Oh, the humanity: OC in Texas

Posted: Thu Feb 11, 2016 11:08 am
by MyWifeSaidYes
I think SCOTUS only took up Heller because of the very narrow question it presented.

The DC Circuit court did the heavy lifting for Heller in Parker v. DC (2007).

If that court had not reversed the DC District court decision in Parker v. DC (2004), would SCOTUS have taken up the case?

Re: Oh, the humanity: OC in Texas

Posted: Thu Feb 11, 2016 3:34 pm
by schmieg
MyWifeSaidYes wrote:I think SCOTUS only took up Heller because of the very narrow question it presented.

The DC Circuit court did the heavy lifting for Heller in Parker v. DC (2007).

If that court had not reversed the DC District court decision in Parker v. DC (2004), would SCOTUS have taken up the case?
I don't think so. Kennedy is weak when it comes to the 2nd and I think both sides want clear winners as much as possible. Had the other four "conservative" justices thought more like Scalia, we would have a totally different kettle of fish today.