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View Full Version : what is the status of the ROster lawsuits


Saym14
02-01-2011, 10:51 PM
cant find any updates. help.

ke6guj
02-01-2011, 10:54 PM
http://wiki.calgunsfoundation.org/index.php/Pena_v._Cid

status is that it is still on hold, pending Nordyke

Saym14
02-02-2011, 8:07 AM
and if we lose Nordyke would it be appealed to the CA Supreme court ?

Gray Peterson
02-02-2011, 8:15 AM
and if we lose Nordyke would it be appealed to the CA Supreme court ?

US Supreme Court, not California. 9th Circuit has jurisdiction over 12 western/pacific island states and territories.

Blackhawk556
02-02-2011, 10:41 AM
If nordkye doesn't go out way, and the supreme court doesn't take the case, we are screwed right?

Blackhawk556
02-02-2011, 10:42 AM
^^^sorry I meant our, not out.

wildhawker
02-02-2011, 10:45 AM
Not necessarily; it depends on the question petitioned for cert and its impact on other litigation and issues.

Also, another case could find its way through an alternative circuit and petition SCOTUS.

Librarian
02-02-2011, 10:45 AM
^^^sorry I meant our, not out.

Um, Blackhawk? Presuming you're not posting from a phone, you can edit your posts to fix things or add things. Lower right of the post display, "edit" button.

BigDogatPlay
02-02-2011, 12:46 PM
The Amendment Two portion of Nordyke is settled by McDonald. Is the sensitive places question remaining in Nordyke really germane to Pena? I think not, but as long as Nordyke remains unresolved, and the Pena court has decided to wait, then it's going to wait.

Or am I being too simplistic?

Gray Peterson
02-02-2011, 1:18 PM
The Amendment Two portion of Nordyke is settled by McDonald. Is the sensitive places question remaining in Nordyke really germane to Pena? I think not, but as long as Nordyke remains unresolved, and the Pena court has decided to wait, then it's going to wait.

Or am I being too simplistic?

You're pretty much correct. It's actually the "commercial sales" thing that the Peņa court is interested in.

-Gray

Blackhawk556
02-02-2011, 5:07 PM
Librarian, yes I'm posting from a phone. Someone should update the mobile version to include more features

hoffmang
02-02-2011, 7:34 PM
If we lose Nordyke, we appeal to the Supreme Court and have about 50%-50% odds of them taking it. A loss in Nordyke would get Peņa moving again though.

-Gene

Blackhawk556
02-02-2011, 7:38 PM
The bad thing about nordyke going all the way to the supreme court is that we would then have to wait until that gets decided to get a ruling on peņa, right? That could easily take two years

Saym14
02-02-2011, 8:27 PM
if I had to choose one I would prefer to see the Roster go more than allowing guns on County fairgrounds (Orange COunty still alows this). of course winning both is ideal.

Falconis
02-02-2011, 9:10 PM
Guy's it's the 9th circus, not the 9th Circuit. Let's not give them that honor yet. Sorry, I'll stop instigating on this now.

hoffmang
02-03-2011, 8:21 PM
The bad thing about nordyke going all the way to the supreme court is that we would then have to wait until that gets decided to get a ruling on peņa, right? That could easily take two years

Nah. Peņa moves once Nordyke gets decided and past en-banc (win or lose.)

-Gene

tonelar
03-07-2011, 6:38 PM
is there a time limit for when a ruling is due for Nordyke?

my thinking is they're taking this long because they're trying everything to not find in our favor...

stix213
03-07-2011, 6:58 PM
my thinking is they're taking this long because they're trying everything to not find in our favor...

That's what I'm thinking to.... and I think they are really having a hard time figuring out how to disarm the public while not getting overturned by SCOTUS. The longer they take, I think the more likely we win this one, but IANAL so have actually no idea.

Blackhawk556
03-07-2011, 10:48 PM
@tonelar.. I hope nobody uses the played out "2we##$" thing to answer your question

jwb28
03-08-2011, 12:54 AM
two weeks
Never throw down the gauntlet

Window_Seat
03-08-2011, 7:01 AM
It's been stated here that Nordyke should be decided before Q2, but there's never a guarantee. What's that other case in the East we've been waiting for? :sleep1:

Erik.

dantodd
03-08-2011, 7:12 AM
Nah. Peņa moves once Nordyke gets decided and past en-banc (win or lose.)

-Gene

Why wait for en banc? I assume filings would be made almost immediately after Nordyke is published. I've the case is moving won't the judge in Pena have difficulty in justifying another delay? Incorporation has been decided Ans there is already significant case law (albeit not all in agreement And not in the ninth) with scrutiny guidance and clearly SCOTUS is going to have to speak on it. Can the judge reasonably wait for SCOTUS to cert and rule before moving forward? That would be at least late 2012 and likely 2013. It would seem most judges would like to have their opinion published Ans pat of the case law in the ultimate SCOTUS opinion.

1911_sfca
03-08-2011, 12:06 PM
is there a time limit for when a ruling is due for Nordyke?

my thinking is they're taking this long because they're trying everything to not find in our favor...

I'm getting more grey hair each time a Nordyke arguments party happens...

hoffmang
03-08-2011, 10:22 PM
Why wait for en banc?

I wasn't clear. Peņa moves regardless of what happens in Nordyke.

-Gene

KWA-S
03-09-2011, 1:15 AM
141 days (10/19/10-3/9/11) since Nordyke's orals, if anyone's curious. Originally it was believed that the decision would come out around 90 days, iirc.

Blackhawk556
03-09-2011, 1:56 AM
^^^^This case never ends so we better keep waiting another 141 days

N6ATF
03-09-2011, 12:39 PM
I can guarantee it will end in less than 141 years.

RSC
03-09-2011, 1:59 PM
Wow, an optimist ;-)

Jerr
03-09-2011, 2:34 PM
I always wanted to use this smiley...


:twoweeks:


Jerrsun

yellowfin
03-09-2011, 6:43 PM
Nah. Peņa moves once Nordyke gets decided and past en-banc (win or lose.)

-GeneWhat are the odds they'll en banc it again? Does that ever happen, or can it?