Dominic Bianchi, et al. v. Brian E. Frosh,et al. (Maryland AWB)

[livingston]

Dominic Bianchi, et al. v. Brian E. Frosh,et al. (Maryland AWB)​

Dec 4, 2022 Awa 1 Comment
In 2017 the fourth circuit court heard the case of Kolbe v. Hogan en banc (full court). In that case the court held that “assault weapons” fall outside of the scope of the Second Amendment right to keep and bear arms.
In December of 2020, suit was filed again challenging the Maryland AWB. The plaintiffs (good guys) said that they felt that Kolbe v. Hogan was wrongly decided and “should be overturned by a court competent to do so.” The district court agreed with the defendants (state/bad guys) and in a decision in March of 2021 dismissed the case.
Plaintiffs appealed to the fourth circuit which affirmed the judgement of the district court.
The plaintiffs then appealed to the Supreme Court for certiorari.
The process of getting the Supreme Court to grant certiorari is complex. Papers are filed requesting, this is countered by other filings that say don’t. The court discusses the different cases and then either grants or denies cert. But in this case they didn’t grant or deny, instead they left the case in limbo.
Instead they granted cert. to New York State Rifle & Pistol Ass’n v. Bruen which was decided with a beautifully written opinion by Thomas.

Dominic Bianchi, et al. v. Brian E. Frosh,et al. (Maryland AWB)

In 2017 the fourth circuit court heard the case of Kolbe v. Hogan en banc (full court). In that case the court held that “assault weapons” fall outside of the scope of the Second Amendm…

gunfreezone.net

 

[Grimscale]

But in this case they didn’t grant or deny, instead they left the case in limbo.

And what happens now?
By not telling the 4th they got it wrong the S.C. undermines their own decision in Bruen.

No AWB can stand if the Bruen decision was correct. Even just a "vacate and remand" would be enough to tell these rogue states their attempts to circumvent the 2nd is over.

 

[livingston]

And what happens now?
By not telling the 4th they got it wrong the S.C. undermines their own decision in Bruen.

No AWB can stand if the Bruen decision was correct. Even just a "vacate and remand" would be enough to tell these rogue states their attempts to circumvent the 2nd is over.

This is correct. ALL AWB bans should be repealed. .... If the lower courts followed the rule of law....

 

[Saltwater60]

This is correct. ALL AWB bans should be repealed. .... If the lower courts followed the rule of law....

Scotus should follow their own ruling and back it up.

 

[livingston]

Scotus should follow their own ruling and back it up.

Think back to the civil rights cases in the 60's SOTUS ruled segregation is illegal ..It was the attorney general R. Kennedy that sent the federalized National Guard to uphold the rule of law

Whose Law?: State Sovereignty and the Integration of the University of Alabama

Students analyze the arguments made in April and May 1963 by Alabama Governor George Wallace to prevent the integration of the University of Alabama, and the arguments made by the Kennedy administration to enforce a court order to desegregate the University.

www.jfklibrary.org

Both John and Robert Kennedy spoke about the law and courts from their roles in the federal government as the ensurers that federal laws would be upheld.
After President Kennedy federalized the Alabama National Guard, the two students were admitted to the University without bloodshed

We know Biden will not do this

.

 

[subsonic]

And what happens now?
By not telling the 4th they got it wrong the S.C. undermines their own decision in Bruen.

No AWB can stand if the Bruen decision was correct. Even just a "vacate and remand" would be enough to tell these rogue states their attempts to circumvent the 2nd is over.

That's exactly what SCOTUS did in Bianchi and several other cases; grant (certiori), vacate and remand. That's not quite a reversal but it's a clear signal that it was wrongly decided and needs to be corrected by Bruen. If the 4th comes back with the same result then SCOTUS should grant cert again and reverse.

 

[Grimscale]

If the 4th comes back with the same result then SCOTUS should grant cert again and reverse.

Effectively "Stop, or I'll say stop again!"
this only proves SCOTUS has no teeth.

SCOTUS should be telling these lower courts that either adjudicate the same way the second time or, just as important, refrain from hearing the case after issuing a stay on a lower ruling (I'm looking at YOU, 2nd Circus!) effectively forcing the same ruling the SC said "no" to, that they will be held in contempt.
Start locking up some judges and see how quickly lower courts respect the SC.

 

[Drinkthekoolaid]

These rogue lower courts should be arrested for willfully ignoring SCOTUS rulings.

 

[subsonic]

Effectively "Stop, or I'll say stop again!"
this only proves SCOTUS has no teeth.

SCOTUS should be telling these lower courts that either adjudicate the same way the second time

Hasn't happened yet though.

 

[Podmonkey]

Repealing Maryland's AWB would sure be convenient to those who whish to attend one of School of the American Rilfle's build classes.

 

[spat]

These rogue lower courts should be arrested for willfully ignoring SCOTUS rulings.

Technically it is SCOTUSs job to police the lower courts.

They could remove activist judges, or even lock them up for contempt.

That is something neither other branch can do.

 

[Defilade]

These rogue lower courts should be arrested for willfully ignoring SCOTUS rulings.

Yes and you would think that SCOTUS must be pissed off as States and lower courts ignore and mock SCOTUS rulings.

 

[gun_slinger_boy]

When you realize SCOTUS simply doesn't care you won't be as bothered by all this. Either move to more friendly spaces or do what you please but don't expect this to be solved by the courts.

 

[Jmac00]

These rogue lower courts should be arrested for willfully ignoring SCOTUS rulings.

these rogue courts, and DA's were installed by George Soros, he got the most liberal, brain dead person he could, and they do his bidding.

 

[spat]

Yes and you would think that SCOTUS must be pissed off as States and lower courts ignore and mock SCOTUS rulings.

Well, maybe half of SCOTUS.

The other half is probably cheering them on and trying to figure out how to get Thomas to take a hunting trip with a Cheney.