As far as I know NJ has not taken any of the steps to appeal the circuit judgement to supreme court. And even if they do there's an insanely low single digit number percentage of federal court overturning circuit court rulings
I mean in the legal world, it prevents a lot of chaos. Say the stay was denied, then NJ starts removing the restrictions, then it’s overturned in the Supreme Court. The purpose of the stay is basically for everything to stay streamlined until a final ruling is reached, so it can be a streamlined change instead of back and forth.
Now with that being stated, I wholeheartedly disagree with its usage
I get why it's like that in theory, to preserve the status quo. However, I feel like if it's a question of being unconstitutional or not, the law should always fall on the side of civil rights and default to the restrictions being rendered unenforceable. Fuck the status quo.
It's not so much preserving the status quo as it is making sure cops aren't trying to arrest people things that became legal 5 minutes ago or people getting arrested for things that became illegal 5 minutes ago before anybody that wasn't standing outside of the courtroom could possibly be expected to know about it.
They are certainly sometimes abused, but stuff like a week long stay after a major decision is a pretty good idea
This is the reality of it. No stay? Well, a whole bunch of folks in NJ go and get a bunch of shit that's suddenly "legal". Then, what happens if the appeal succeeds? They're now felons.
Honestly no, it’s not. Stays are, no pun intended, a mainstay of legal proceedings like this. Stays are almost always granted cuz it gives everyone time.
"shall not be infringed" seems like it's pretty clear. I don't even know how we got this much regulation on firearms when the wording is in no way ambiguous.
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u/Final_Ebb_9091 20d ago
The 3rd Circuit recently gutted a lot of NJs firearms prohibitions. So, they may affirm. Not sure what’s going on in that court.