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Campus Carry Case in Texas Could be Headed to U.S. Supreme Court

Campus Carry Case in Texas Could be Headed to U.S. Supreme Court

“The lawsuit was filed because the professors disagreed with the law”

A small group of professors in Texas has been fighting campus carry for months now with little success.

The Dallas Morning News reports:

Campus carry could be headed to Supreme Court after UT professors lose appeal

A federal appeals court has ruled against three professors who sued to overturn the Texas law allowing guns on campus.

On Thursday, the 5th Circuit Court of Appeals sided with Attorney General Ken Paxton and the University of Texas at Austin when it determined the professors had no standing to block the law, which allows licensed gun owners to carry concealed pistols on public college campuses.

“The lawsuit was filed because the professors disagreed with the law, not because they had any legal substance to their claim,” Paxton said in a prepared statement. “The right to keep and bear arms is guaranteed for all Americans, including college students, and the 5th Circuit’s decision prevents that right from being stripped away by three individuals who oppose the law enacted by the Legislature.”

The professors now have the option to ask the full appeals court, rather than the three-judge panel that ruled Thursday, to rehear their case, or they can take the issue to the U.S. Supreme Court. Their attorney Renea Hicks said he hasn’t talked with his clients about the Supreme Court option but doesn’t expect they’ll ask the New Orleans-based appeals court to rehear their case.

“I’m doubtful that there’ll be a request for en banc review,” Hicks said in an email Friday. “As to asking for [Supreme Court] review, that’s something we’ll just have to discuss amongst ourselves when we all can coordinate schedules and sit down and meet.”

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Comments

that’s something we’ll just have to discuss amongst ourselves when we all can coordinate schedules and sit down and meet.

And bring their checkbooks.

Press statements usually leave that part out.

    TX-rifraph in reply to tom_swift. | August 20, 2018 at 8:56 am

    Perhaps they are trolling for some Soros (or similar) money with this non-commitment.

    Edward in reply to tom_swift. | August 20, 2018 at 9:58 am

    Depends on how much this is backed by an anti-Second Amendment person or group, the professors might not be putting up a new and bright not quite copper penny.

Chance of getting cert: zero.

    Gremlin1974 in reply to Milhouse. | August 20, 2018 at 6:20 pm

    That’s what I was thinking. Let them go ahead and submit to SCOTUS so they can refuse to hear it and we can stop hearing about it.

      Another Ed in reply to Gremlin1974. | August 21, 2018 at 9:31 pm

      Given that more than one state expressly prohibits campus carry for all but law enforcement officers, having a SCOTUS decision clearly stating that such prohibitions infringe on Second Amendment rights will assist the logic-impaired.

        Milhouse in reply to Another Ed. | August 22, 2018 at 2:50 am

        There could be no such decision. a) Because it isn’t true; states as property owners are entitled to ban guns from their property if they wish. b) Even if it were true, it would not be at issue here, so the court could not address it.

        The only question here is whether the state is required to ban guns from areas where people who are afraid of them are speaking, lest their speech be chilled. And the obvious answer is “no, they’re not, any more than they’re required to ban clowns or spiders or anything else speakers might be afraid of”. There’s nothing for the Supreme Court to say on the matter, so there is no chance of cert.

    puhiawa in reply to Milhouse. | August 20, 2018 at 7:00 pm

    Ditto. I don’t know what their lawyers are telling them, but the chances SCOTUS will strike a public right and then craft a general restriction instead, are essentially zero.

As a resident of Austin, may I suggest that these progressive professors might be happier living in California or New York?

    Milhouse in reply to Paul. | August 21, 2018 at 10:31 am

    Isn’t Austin a New England college town that was mysteriously transplanted to Texas one night, and nobody can figure out how to get it back?

      Paul in reply to Milhouse. | August 21, 2018 at 8:07 pm

      Pretty much. But they’ve given up on trying to get it back and instead they’re all moving here. There is a lot I love about Austin, but it is VERY progressive here. I’ve been counting Beto/Cruz signs on my daily walks. On my 3-mile route we’re up to 37 Beto signs. There was one Cruz sign the other day, but it was gone this morning… stolen or vandalized I presume.

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