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View Full Version : CGF (Nov 26) "Second Amendment Case Update (Richards v. Prieto, Silvester v. Harris)"


Paladin
11-26-2013, 9:31 PM
While some (generally anonymous) internet commenters might inaccurately claim that the Chovan court applied the “substantial burden” test from Nordyke v. King , the following documents filed yesterday and today inform that such arguments are plainly false.

From: http://www.calgunsfoundation.org/2013/11/second-amendment-case-update-richards-v-prieto-silvester-v-harris/

My guess is if we win Richards-Peruta, the antis will ask for en banc and the 9th will go en banc. Anyone remember how long the entire en banc review process should take the 9th?

My guess is if we lose Richards-Peruta, we will ask for en banc, but no idea if it will be granted or if the 9th just wants to be done w/Carry and lets SCOTUS take it (or not).

taperxz
11-26-2013, 9:54 PM
Even if carrying handguns for self-defense falls outside the
Second Amendment’s “core,” a claim Plaintiffs reject, Sheriff Prieto’s
practices implicate law-abiding responsible citizens’ exercise of a
fundamental right. If any means-ends standard applies, the standard
would be strict scrutiny. But Plaintiffs should prevail even under
intermediate scrutiny, as Sheriff Prieto can have no legitimate interest
in restricting a fundamental right, and his practices do not
substantially fit any important policy goals. Appellants’ Br. 56-58;
Reply Br. 17-28.

Interesting take on the intermediate scrutiny statement.

taperxz
11-26-2013, 9:55 PM
While some (generally anonymous) internet commenters might inaccurately claim that the Chovan court applied the “substantial burden” test from Nordyke v. King , the following documents filed yesterday and today inform that such arguments are plainly false.

From: http://www.calgunsfoundation.org/2013/11/second-amendment-case-update-richards-v-prieto-silvester-v-harris/

My guess is if we win Richards-Peruta[/I], the antis will ask for [I]en banc and the 9th will go en banc. Anyone remember how long the entire en banc review process should take the 9th?

My guess is if we lose Richards-Peruta, we will ask for en banc, but no idea if it will be granted or if the 9th just wants to be done w/Carry and lets SCOTUS take it (or not).

Couldn't we win one and not the other?

wjc
11-26-2013, 10:00 PM
Wasn't the last "en banc" something like 3 months?

Paladin
11-26-2013, 10:06 PM
Couldn't we win one and not the other?I meant to say I was keeping things super simple for clarity's sake, but forgot to type it.

I'd bet the 9th could also cut & dice each case individually, if they want. :(

Hopefully, they'll release their opinion soon.

taperxz
11-26-2013, 10:09 PM
I meant to say I was keeping things super simple for clarity's sake, but forgot to type it.

I'd bet the 9th could also cut & dice each case individually, if they want. :(

Hopefully, they'll release their opinion soon.

Agreed. I do think there may be a distinction between the two cases. We may not see the full distinction but i have a feeling the 9th does along with the two plaintiffs.

I would take a win regardless of who was backing the cases at this point.

Cheer leading between these two makes no sense.