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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-02-2010, 10:52 AM
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Default Palmer v. District of Columbia?

At this point what could the judge possibly be waiting on?
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  #2  
Old 08-02-2010, 10:58 AM
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Retirement?
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  #3  
Old 08-02-2010, 11:21 AM
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His latte and scone?
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  #4  
Old 08-02-2010, 11:24 AM
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A planetary alignment.
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  #5  
Old 08-02-2010, 11:25 AM
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A high quality BM.
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  #6  
Old 08-02-2010, 11:44 AM
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The ten year anniversary of McDonald v Chicago.
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  #7  
Old 08-02-2010, 11:49 AM
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A constitutional convention?
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  #8  
Old 08-02-2010, 12:11 PM
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His magic 8 ball to give him the answer he wants?
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  #9  
Old 08-02-2010, 12:14 PM
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Hahaha great responses. How long has the wait been going?
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  #10  
Old 08-02-2010, 12:16 PM
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Good responses.

Seriously, is there any specific motion that the counsel could file that asks the judge to get with the program?

Erik.
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  #11  
Old 08-02-2010, 12:33 PM
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^ Were that available, I'm sure neither side wants the judge annoyed at them.
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Old 08-02-2010, 1:52 PM
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How long can he wait before he has some incentive to issue a ruling, and what exactly is that incentive?
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Old 08-02-2010, 1:55 PM
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Hahaha great responses. How long has the wait been going?
It's been a year since the case was filed, over 6 months from oral arguments, over a month and a half from McDonald. Not sure what the hangup is.
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  #14  
Old 08-02-2010, 2:50 PM
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Waiting on the Heller and McDonald 5 to die, and be replaced with traitors for a 9-0 traitor count, so he can safely commit treason, rule in favor of the treasonous government, and let it be appealed to SCOTUS so the government can get a rubber stamp of approval there too.
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  #15  
Old 08-02-2010, 3:06 PM
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Federal Judge Mariana Pfaelzer held back issuing her written opinion striking down Prop 187 so that Pete Wilson could not appeal it. After Gray Davis was in office and declared he would not enforce 187, she issued her ruling.

I asked my then Congressman (Republican) to introduce a bill of impeachment against her, and he was horrified. I had given him a maximum election contribution so I used my silver bullet -- to no effect as it tukrned out.

She had an agenda, and the Palmer judge has one too.

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  #16  
Old 08-02-2010, 3:12 PM
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two weeks???
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  #17  
Old 08-02-2010, 3:13 PM
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Originally Posted by yellowfin View Post
A planetary alignment.
lol
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  #18  
Old 08-02-2010, 5:07 PM
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Originally Posted by HunterJim View Post
Federal Judge Mariana Pfaelzer held back issuing her written opinion striking down Prop 187 so that Pete Wilson could not appeal it. After Gray Davis was in office and declared he would not enforce 187, she issued her ruling.

I asked my then Congressman (Republican) to introduce a bill of impeachment against her, and he was horrified. I had given him a maximum election contribution so I used my silver bullet -- to no effect as it tukrned out.

She had an agenda, and the Palmer judge has one too.

jim
How long was the span of time that she held that decision? And why was he horrified? If a judge deserves being kicked out, kick them out. What's the problem? I know we're supposed to keep the judiciary ostensibly independent, but that's conditional upon them holding up their end of the bargain.
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  #19  
Old 08-02-2010, 5:16 PM
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Default I'll second that...

He needs two more weeks...
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  #20  
Old 08-02-2010, 5:50 PM
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Originally Posted by yellowfin View Post
How long was the span of time that she held that decision? And why was he horrified? If a judge deserves being kicked out, kick them out. What's the problem? I know we're supposed to keep the judiciary ostensibly independent, but that's conditional upon them holding up their end of the bargain.
From Wikipedia:

Quote:
The constitutionality of Proposition 187 was challenged by several lawsuits. On November 11, 1994, three days after the bill's passage, Federal Judge Matthew Byrne issued a temporary restraining order against institution of the measure, which was filed by Attorney General Dan Lungren.[20] After Judge Mariana Pfaelzer issued a permanent injunction of Proposition 187 in December 1994 - blocking all provisions except those dealing with higher education and false documents - multiple cases were consolidated and brought before the federal court. In November 1997, Pfaelzer found the law to be unconstitutional on the basis that it infringed the federal government's exclusive jurisdiction over matters relating to immigration, similar to the Supreme Court ruling in Plyler v. Doe.[21]Pfaelzer also explained that Proposition 187's effect on the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Congressional overhaul of the American welfare system, proved that the bill was a "scheme" to regulate immigration:

"California is powerless to enact its own legislative scheme to regulate immigration. It is likewise powerless to enact its own legislative scheme to regulate alien access to public benefits."

Governor Wilson appealed the ruling, which brought the case to the federal Ninth Circuit Court of Appeals. However, in 1999, newly elected Democratic Governor Gray Davis had the case brought before mediation,[22] and then dropped the appeals process before the courts in July 1999, effectively killing the law.[23]
Looks like she sat on that one for years.
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  #21  
Old 08-02-2010, 7:41 PM
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From Wikipedia:



Looks like she sat on that one for years.
The TRO was a finding on the facts which allowed for the longer delay. The simple issue is that the Palmer judge probably knows we are right and doesn't like it.

-Gene
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  #22  
Old 08-02-2010, 11:13 PM
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The TRO was a finding on the facts which allowed for the longer delay. The simple issue is that the Palmer judge probably knows we are right and doesn't like it.

-Gene
So when can we expect **** to happen? lol
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I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
^
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  #23  
Old 08-02-2010, 11:19 PM
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The TRO was a finding on the facts which allowed for the longer delay. The simple issue is that the Palmer judge probably knows we are right and doesn't like it.

-Gene
Does this mean you believe that the issue will be driven by other cases such as Sykes and Peruta while the judge just sits on his thumbs in this case?
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  #24  
Old 08-03-2010, 1:58 AM
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Does this mean you believe that the issue will be driven by other cases such as Sykes and Peruta while the judge just sits on his thumbs in this case?
If there is one thing people almost universally hate, it is being considered lazy by their coworkers. If Peruta, Sykes, MD, NC and NY cases all move forward with Palmer not being released the judge is going to look like a gigantic slacker to the other judges in his district. Eventually...
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  #25  
Old 08-03-2010, 6:57 AM
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If there is one thing people almost universally hate, it is being considered lazy by their coworkers. If Peruta, Sykes, MD, NC and NY cases all move forward with Palmer not being released the judge is going to look like a gigantic slacker to the other judges in his district. Eventually...
Unless all those other judges also decided to sit on their cases.

How much does the federal bench hate the 2A, anyway?
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  #26  
Old 08-03-2010, 12:57 PM
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Originally Posted by hoffmang View Post
The TRO was a finding on the facts which allowed for the longer delay. The simple issue is that the Palmer judge probably knows we are right and doesn't like it.

-Gene
So can the judge just sit on this indefinitely?
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Old 08-03-2010, 1:02 PM
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So can the judge just sit on this indefinitely?
As far as I know, yes, he can sit on it even after the sun expands and we hop on over to Pluto.

Erik.
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  #28  
Old 08-03-2010, 1:31 PM
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My understanding is that each district's chief judge keeps an eye on overdue rulings. However, different federal district courts have different local rules. I'll peek at DC's local rules soon.

-Gene
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  #29  
Old 08-03-2010, 1:53 PM
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Chief Judge Royce C. Lamberth
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  #30  
Old 08-03-2010, 2:11 PM
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Based on that I'd say it looks like Judge Lamberth is a good guy, but does that necessarily translate into him being on our side on this particular issue?
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Old 08-03-2010, 2:49 PM
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Originally Posted by yellowfin View Post
Based on that I'd say it looks like Judge Lamberth is a good guy, but does that necessarily translate into him being on our side on this particular issue?
He doesn't have to be "on our side." He just has to make sure his court is doing their job and not sitting on a decision indefinitely.

Lamberth is from Texas. Here's hoping that Texas does the right thing and makes sure this case moves along.
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  #32  
Old 08-06-2010, 7:11 PM
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Judge Urbina is quite the procrastinator!!!
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  #33  
Old 08-06-2010, 8:58 PM
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Red face









I haven't been able to find anything more relevant.

Erik.
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Old 08-06-2010, 9:32 PM
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Quote:
Originally Posted by hoffmang View Post
My understanding is that each district's chief judge keeps an eye on overdue rulings. However, different federal district courts have different local rules. I'll peek at DC's local rules soon.

-Gene
The best I was able to find on page 133-134 of the local rules:

Quote:
JUDGES' DUTIES TO LAWYERS:

38. While endeavoring to resolve disputes efficiently, we will be considerate of the time constraints and pressures imposed on lawyers by the exigencies of litigation practice. We will make all reasonable efforts promptly to decide matters presented to us for decision.
Erik.

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  #35  
Old 08-06-2010, 9:45 PM
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It certainly seems like the recent Perry/Prop8 case was more complicated than Palmer. Perry had a trial that lasted from January 11-June 16 and yet the judge was able to deliver a 138 page decision within 2 months of the end of the trial.

Here we are 6.5 months after one day oral arguments, and we have nothing.

How much longer until the DC court can be said to be neglecting responsibility?
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  #36  
Old 08-07-2010, 6:48 AM
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It certainly seems like the recent Perry/Prop8 case was more complicated than Palmer. Perry had a trial that lasted from January 11-June 16 and yet the judge was able to deliver a 138 page decision within 2 months of the end of the trial.

Here we are 6.5 months after one day oral arguments, and we have nothing.

How much longer until the DC court can be said to be neglecting responsibility?
I realize the concept of justice delayed is justice denied. It sounds like this judge is waiting for other cases to occur. From a purely legal strategy perspective, I'd rather we have one case win before he rules before the other way around.

Last edited by Gray Peterson; 08-07-2010 at 6:54 AM..
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Old 08-07-2010, 6:56 AM
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Quote:
It sounds like this judge is waiting for other cases to occur.
If true, what a sheep. But I'm sure, in the judge's jurisdiction, he has plenty of liberal friends to answer to. We might get a better ruling if he can lay it at the feet of another court.
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Old 08-07-2010, 1:03 PM
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If true, what a sheep. But I'm sure, in the judge's jurisdiction, he has plenty of liberal friends to answer to. We might get a better ruling if he can lay it at the feet of another court.
Let him make his bad ruling, then, and save face. That way, we can get on with the appeals process. True, he'll look like a dumb*ss, but with this inexcusable delay he's looking like that anyway.
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  #39  
Old 08-07-2010, 1:59 PM
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He doesn't seem like a guy with the kind of history you would expect a raving anti to have, maybe there is some hope.
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Old 08-07-2010, 2:56 PM
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Quote:
Originally Posted by Purple K View Post
Judge Urbina is quite the procrastinator!!!
Is this Urbina not the same Georgetown big government elitist judge that dismissed Heller, thereby sending it to SCOTUS?

Once burned twice shy.
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