SCOTUS granted a few more cases in some interesting if not particularly hot button areas.
Alito, Kavanaugh, and Jackson didn't take part in two cases. Only Jackson (in a case Kavanaugh staid mute on) explained (previous judicial service).
Jackson (with Sotomayor) wrote a dissent to a cert denial involving when a racial discrimination claim was still ripe.
We will have one or more opinions on Thursday.
Meanwhile, Emil Bove is so bad that Ed "Zillow" Whelan is concerned. Also, originalism taken seriously regarding 14A, sec. 3.
Thomas (with a written dissent), Alito, and Gorsuch would have taken a case where a Second Amendment claim involving AR-15s was denied (as it was in another circuit). Kavanaugh was sympathetic but wanted the issue to "percolate" more, noting multiple other pending cases.
The cynic might determine they didn't have a fifth vote and that is why Kavanaugh is waiting. Some might be "infuriated" at somebody (that guy is usually only being annoyed at Roberts and Barrett).
Kavanaugh cites the Heller "common use" rule and how many people now have the weapon. I question if the fact some weapon is own by a lot of people (at least in raw numbers) alone should be the test.
Some argue that is living constitutionalism. Somewhat unfair if a 18th Century rule is applied. Such a rule will apply current conditions. The Internet wasn't around either. Whatever "free speech" meant, you have to decide if the Internet matches its characteristics. Today, not in 1985.
The courts below argue that applying traditional rules (history and tradition) to a modern gun allows the laws involved. The test is flexible. Roberts has not shown much concern about the laws being around.
It probably turns on Barrett. Kavanaugh suggests she will get a shot either next term (the cases being taken now are for next term) or the one after. We will see.
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Thanks for your .02!