Latest / Live to Shoot - Defending our 2nd Amendment Rights / What is the Supreme Court Doing?
Transcript
- 0:11Welcome to the Live2Shoot Podcast.
- 0:12My name is Jeff Dowdell, and I've been a licensed firearm dealer for the last 16 years.
- 0:16In this podcast, we talk about all things related to the Second Amendment, as well as anything else going on in my life, or any other story that might be interesting.
- 0:24So, welcome, welcome, welcome.
- 0:26Try something a little different, um, way I'm recording this.
- 0:29We'll see how this goes.
- 0:31Um, may sound a little weird.
- 0:33We'll see.
- 0:33But anyway, so what is going on with the Supreme Court?
- 0:38Um, sometimes you see these stories and you just scratch your head.
- 0:43And I am going to admit, I am not a, uh, judicial, uh, expert.
- 0:49I'm not a lawyer.
- 0:50I'm not a judge.
- 0:51Never have been.
- 0:53Um, don't even really care.
- 0:54I don't know any judges, but, uh, and don't really know, you know, the ins and outs of the Supreme Court, so I, I follow people, I research, I do my own thing, and so, uh, that's where I get my information, just so you know, so I'm not just espousing my own thoughts here, I am sharing things that I've heard from others, but anyway, Sorry.
- 1:17What's going on with the Supreme Court?
- 1:19They make these rulings, you hear these things, and you're like, I thought we had a conservative Supreme Court.
- 1:25I thought we were going to be pro Second Amendment.
- 1:28And what am I talking about right now?
- 1:29I'm talking about the case about Beavis v.
- 1:32Naperville.
- 1:33And if you're not familiar with it, this is just a little bit of the backstory.
- 1:37Naperville, Illinois.
- 1:39A city in Illinois.
- 1:41I passed an assault weapons and high capacity magazine ban in the city, okay, so this is a state legislation, it's not federal, it's a city legislation that you can't own assault weapons and they use kind of the common black rifle scary definition for assault rifles and this was challenged and it has gone, uh, to the, the, um, The federal court, the district court, um, now it's gone to the, it went to the appeals court and then, and I'll embark and then they sent it to the, uh.
- 2:21Um, Supreme Court to see if they, while they were, while they could get a stay and injunction issued and while this, while things were being decided.
- 2:32And this is the Seventh Circuit.
- 2:34Amy Coney Barrett is over the Seventh Circuit, so she's the one that received this.
- 2:39And she saw it and she sat back down and said, Nope, I'm not going to issue the injunction.
- 2:44I'm not going to issue the stay on this.
- 2:46Um, and.
- 2:49What that essentially did is, uh, it ended that case.
- 2:54And the case is over.
- 2:56It's been decided in favor of the city of Naperville.
- 2:59It is standing up.
- 3:01So why, why did she do this?
- 3:05And The reason is, based on everything I'm seeing, is the court just does not like to get involved with ongoing cases.
- 3:14It's called an interrogatory appeal.
- 3:18So the case is still going on in, in these lower courts.
- 3:22And they also send it to the Supreme Court for their review.
- 3:26And from what I can tell is the Supreme Court has been very consistent.
- 3:32And saying, nope, we need this to come through the normal channels, which is a writ of certiorari, a writ of cert, um, where you appeal to the Supreme Court after your case has been done for us to hear it.
- 3:44Now, interesting enough, right now we have this going on with our January 6th President Trump, uh, trial.
- 3:53Uh, Jack Smith has jumped over all the courts and has gone directly to the Supreme Court.
- 3:58Uh, Um, asking them to hear on the president's claim that he's immune from prosecution because of his presidential immunity from being prosecuted for crimes or he's the president, the standing, uh, uh, Rules have been, the way you address this with a president is you impeach him.
- 4:20Uh, you don't prosecute him as a criminal.
- 4:23And that's the, uh, president has appealed that.
- 4:28And that ruling, or that has challenged, you know, the standing of this case that Jack Smith has.
- 4:36And Jack Smith has sent this all the way to the Supreme Court.
- 4:38And they said, You know, they didn't haven't agreed to heard it yet.
- 4:42They said we need arguments and gave the president's team till tomorrow actually to give their, the 20th, to write their, their position on this and If they stand true to form they should kick that back down and say nope, we're not gonna hear it because we want this case to Be, go through all the, the, uh, issues and be finished and then be filed to us as a, as a writ of cert if they're, if they're consistent because that's what they did in, in Naperville, the Beavis v.
- 5:17Naperville.
- 5:18So now, while it seems kind of ominous, the Supreme Court didn't step in and say, hey, this, this obviously violates Berlin.
- 5:27This obviously is a violation of the Second Amendment.
- 5:30Um, and.
- 5:32We're going to step in.
- 5:34No, they said, we're not going to step in until you finish everything.
- 5:37Everything has been finished.
- 5:38Now, I would expect that the, uh, plaintiffs, attorneys will be filing an appeal to the Supreme Court.
- 5:45Will they hear it?
- 5:46I don't know.
- 5:47But my question, you know, one of the questions if I was a Supreme Court Justice is, aren't they just frustrated?
- 5:53They, they ruled on Bruin.
- 5:54They were pretty clear.
- 5:56And things like this are obviously unconstitutional based on the Bruin decision.
- 6:01But people keep writing these laws and they keep having to hear them and say, nope, Bruin, Bruin, Bruin.
- 6:07So, it'll be interesting to see what happens with this Beavis v.
- 6:11Naperville because obviously a city banning assault weapons and high capacity magazines.
- 6:16There is no history and tradition as stated in Bruin to support this.
- 6:21So it's obviously unconstitutional.
- 6:24And on the side, let's sit and watch and see if the Supreme Court is consistent with the way they handle the President's case as they have been with all these others saying we have to finish it up because what's important about that is because if it goes, if the President's appeal, his challenge, uh, based on his immunity is not instantly heard by the Supreme Court.
- 6:46It has to work its way through all the different lower courts.
- 6:49It's going to take a lot of time.
- 6:51And what's Jack Smith want to do?
- 6:53He wants to get the President convicted before the election.
- 6:56We know that.
- 6:56We know that's true.
- 6:58So this will delay that to where this rushed trial will obviously be heard after the election.
- 7:06And at that point, they're probably not going to be interested in it because He's either won or lost and they're obviously not going to be able to get their end objective of keeping him from running for office.
- 7:17But that's a whole other note.
- 7:18So let's keep an eye on the Supreme Court.
- 7:21Keep an eye on what they do with these cases.
- 7:24Remember the Supreme Court likes the cases to get finished before they hear them completely.
- 7:30So that's what's going on with Beavis.
- 7:32See if that happens with some of these other cases that they're hearing.
- 7:35Very interesting.
- 7:36So.
- 7:37Talk to y'all later.
- 7:39Thanks for listening.
- 7:40You know, subscribe, share this podcast with others.
- 7:43Just get the message out to people They can get just a little quick information on the Second Amendment each, each week, every other week, whenever It's timely, but I appreciate you listening.
- 7:53Thanks.
- 7:54Have a great day