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Red Gauntlet , SASS 60619

US Supreme Court Moots NY Gun Appeal

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BUMMER.  That is what the City wanted because they didn't want a new 2nd. Amendment case before the court. 

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It illustrates a feature of court cases that folks sometime don't think much about. It's a dispute between two parties. The dispute determines the issues in court. If there's no more dispute, the court can't act.

 

Here the plaintiffs wanted a declaration that the restriction had to be lifted, because it was unconstitutional. The ultimate relief sought in the dispute is the lifting or invalidation of the restriction. NY city lifted the restriction by repealing and replacing it with something else. The plaintiffs got what they wanted in the narrow sense ,which is the sense that is important to a court.

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They should have ruled on it, because it will be back.

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I applaud Justice Alito’s dissent.

 

 I wish I could buy him a drink.

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