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Old 02-20-2014, 8:28 PM
Calplinker Calplinker is offline
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Default CA-9

Originally Posted by Rossi357 View Post
Maybe they know that SD isn't going to ask for en banc.
No chance. SD will ask for en banc as there is no down side for them.

If en banc is granted, the ruling will be stayed, giving them time....

If en banc is denied, they are right back to where they are now. They gained time.... and lost nothing. If en banc is granted, all comes full stop for months. Again.....more time is gained.

Should they not be granted an en banc review? Ask for cert and a stay while SCOTUS ponders. Again, more time......

If I was an anti, this is what I would do.

From a judicial stand point, the anti's are momentarily in retreat. They are falling back and at the Federal level, their best hope is that one of the Heller 5 dies or has to retire.

That's the game changer they need. Short of that, they will fight a battle of attrition with sympathetic state courts and legislatures like we have here in CA.

Tick tock......

Last edited by Calplinker; 02-20-2014 at 8:42 PM..
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