BRUEN Overturned??

No, SCOTUS did not overturn its own BRUEN decsion; a federal district judge in New York effectively did it.

The case is Goldstein et al v. Hochul, challenging New York’s post-Bruen state law banning firearms in “sensitive places,” specifically in this case places of worship. Plaintiffs requested a temporary injunction to prevent the state and other parties enforcing that law pending the outcome of the case.

Judge Vernon S. Broderick denied the injunction. His… reasoning (for some values of that word) was…

Well, let him tell it.

The implications of firearm ownership in both the founding and reconstruction eras was thus dramatically different from those in 2023, and thus, answering the question of whether statutes and regulations from those respective time periods are “relevantly similar under the Second Amendment”, Bruen, 142 S. Ct. at 2132, is an enormously difficult task that is likely to lead to inconsistent decisions that are untethered to reality, and is considered by many to be an impractical and intellectually flawed approach.

You can follow that link and see who appointed this… person, but you can take one guess and probably nail it.

Vern, it isn’t your place to second guess the Supreme Court, ignore its rulings, and go your own way.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Vern, you’re a judge in the Southern District of New York. That makes your court“inferior” to the “supreme” Court, and you have to follow its decisions. Like it or not.

What’s next? While I wouldn’t expect it in pro-abortion New York, thus depriving Broderick of the opportunity to declare the DOBBS overturning of Roe V. Wade to be “impractical and intellectually flawed” and “untethered to reality,” will some other judge follow his lead here?

If a federal district judge can blow off the Supreme Court, can we blow off his decisions when we don’t like them?

 

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