Probably

This wikilog article is a draft, it was not published yet.

by: Ryan • March 21, 2016 • no comments

Today's opinion in Caetano v. Massachusetts is here.

SCOTUSblog's take here. Key paragraphs:

The Court decided the case of Caetano v. Massachusetts without full written or oral arguments, in a brief per curiam (“by the Court”) opinion that said the Massachusetts Supreme Judicial Court was wrong in the three reasons it offered for why the state could ban personal possession or use of a “stun gun” without violating the Second Amendment. A stun gun is a weapon that sends an electronic pulse that can temporarily disable a person as its target.

Two Justices filed a separate opinion, complaining that the Court’s opinion was “grudging” in its limited scope, and left open the possibility that the conviction of the Boston woman for violating the state ban might result in her being forever barred from having “arms for self-defense.” She obtained the weapon to ward off further attacks by an abusive boyfriend.

The Court set aside the state court ruling, and told that tribunal to take another look. The decision left in doubt whether the conviction in the case would stand, and whether the state could come up with other reasons to support its ban. It is possible that the state’s highest court will call for new legal briefs or a hearing on what to do about the Boston woman in the case, Jaime Caetano.