tvc184

It is very potential that this judge may have done a great service to the pro 2A community. She has now started the ball rolling and it may end up badly for a future anti-2A tactics. The main question is, can a governor in a declared emergency, overcome a person’s constitutional rights and/or, is safety or seriousness of an issue a valid reason to do the same. This is my non-lawyer opinion about how this might play out. NM will not go quietly into the night and will appeal this to the 10th Circuit Court which covers NM, OK, UT, WY, CO and KS. The 10th Circuit will hear the oral arguments to agree with the district judge or overturn the injunction and allow the governor’s order to suspend the 2A to stand. This will not be hearing the full case but just an issue on the temporary injunction. My belief that if this is appealed to the circuit court, they will uphold the judge and the injunction. The next step would be to appeal the actual authority of the governor to the 10th Circuit. That would be to argue, a governor, when declaring emergency can lawfully issue such orders suspending a constitutional right. If it goes that far, the 10th Circuit will set precedent in those 6 states that a governor has no such authority to ban guns in public. That precedent will technically only have legal bearing in those 6 states. The next and final step would be for losing side to appeal to the United States. Again, I suspect that the 10th Circuit will find the governor’s actions unconstitutional. If that happens to be the outcome, the US Supreme Court will deny review (certiorari or cert.) and allow the 10th Circuit ruling to stand, setting precedent. If the 10th Circuit sides with the governor’s authority to issue such an edict, the Supreme Court will accept the case for review and overturn it, again setting precedent.

😀 I didn’t read baddog’s and BS Wildcat’s posts before I started typing away….

That did not take long. A federal district judge in New Mexico has enjoined (issued an injunction) the governor’s order. The judge said this clearly violates the Constitution in NYSRPA v. Bruen and DC v. Heller. What may be interesting in the YouTube video that I watched, one of the governor’s lawyers argued that the US Supreme Court was wrong in NYSRPA v. Bruen. This was basically asking a district judge in New Mexico to override the Supreme Court. Uhhhhh…… first year constitutional law perhaps? Having never been to law school, maybe one of the lawyers in this forum can chime in on precedents set by the Supreme Court and if a federal district judge can simply overturn Supreme Court precedent. I understand a district judge or Circuit Court of Appeals trying to interpret what Supreme Court said which is way different than saying, ignore the Supreme Court. According to the video I watched, in the oral arguments the federal judge shut down that tactic, saying that the inferior court’s job was to uphold precedent set by the Supreme Court. The inferior courts are any federal courts that are not the Supreme Court. For example, the federal District Courts in Beaumont are inferior courts. An appeal from there to the Fifth Circuit Court in New Orleans, is also an inferior court. In any case, at least for the moment, the governor’s emergency order has been suspended. It seems they may be grasping at straws and know they are on thin ice if they are asking a federal judge to ignore the Supreme Court. I know that lawyers will use any legal tactic or argument possible for their client and I agree, but this seems like being ridiculous. In my opinion…..

It’s about time…. [Hidden Content]

!!:0/49/f

!!!score:0/49/4

49-0

32 yard touchdown run

42-0 starting 4th

!!!score:0/42/4

!!!score:0/42/3

Touchdown run for Silsbee

!!:0/35/3

35-0

Halftime after Nederland fg attempt on last play is no good. halftime Silsbee 35-0

Silsbee punts to own 32

Silsbee intercepts at Nederland 9

At 6:10 in half, Silsbee 35-0

63 touchdown pass

On 4-6 Nederland punts to Silsbee 42

5 yard touchdown pass At 9:32 in half, Silsbee 28-0

Nederland punts 12 yards to Nederland 45.

End of 1, 21-0

At 0:30 in 1, Silsbee 21-0

73 touchdown pass. exposed