![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
|
California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
![]() |
|
Thread Tools | Display Modes |
#1
|
||||
|
||||
![]()
A long time ago, in a land far, far away, Alan Gura, Tom Palmer, SAF and friends filed a complaint against DC about their complete ban on carrying a firearm. Specifically they filed on August 6, 2009, which is only a couple of months after we all filed the Sykes, now Richards complaint with them. Cross motions for summary judgement were filed in September of 2009 and oral argument on those motions in front of Judge Henry Kennedy took place in January of 2010.
18 months later... This morning the Chief Justice of the US Supreme Court reassigned Palmer v. DC to Senior Judge Frederick Scullin who is sitting in DC by designation from the 2nd Circuit District Court in New York. The next step is a chambers hearing July 22. Also today, Palmer et. al. filed a notice of supplemental authority based on Ezell. -Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() |
#2
|
||||
|
||||
![]()
wait.... John Roberts got to personally pick a judge to make a decision on Palmer? YES!!!! lol. Also the supplemental authority ezell thing only helps even more
![]()
__________________
![]() "Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford Quote:
![]() |
#3
|
||||
|
||||
![]()
<reserving this post until kcbrown gets here>
-Brandon
__________________
Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#4
|
||||
|
||||
![]()
Now I can go to sleep w/a BIG
![]()
__________________
240+ examples of CCWs Saving Lives. |
#5
|
||||
|
||||
![]()
Oh also how long is it going to take now? Are we going to have to go through oral arguments and the whole shebang again for the new judge or what?
__________________
![]() "Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford Quote:
![]() |
#6
|
|||
|
|||
![]()
So is that a slap in the face when the Chief Justice takes a case away from you, or is it instead a non-judgemental reflection of the workload of an over-burdened judge?
__________________
![]() Proud to belong to the NRA Members' Council of Santa Clara County Disclaimer: All opinions are entirely my own. |
#7
|
||||
|
||||
![]()
Can we become anxious to see a ruling or will this turn into another thread of 'two weeks' jokes?
__________________
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome. --River Tam |
#8
|
||||
|
||||
![]()
Two what?
__________________
Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#9
|
||||
|
||||
![]()
Amazing that it took the Chief Justice of the SCOTUS to do this. Ordinarily wouldn't this be handled by the Chief of the District Court?
So happy that Roberts is paying personal attention.
__________________
It would be rather like saying “He filled and kicked the bucket” to mean “He filled the bucket and died.” Grotesque. - DC v. Heller ![]() |
#10
|
||||
|
||||
![]()
It's about time!
Looks like my skepticism about the judicial system as regards the possibility of judges just sitting on cases indefinitely may have been misplaced by at least a bit. So to whatever degree the system works better than I expected, I have to eat crow. ![]() Maybe this gives us some indication as to an upper bound on how long a given case can languish in front of a stubborn anti-gun judge (18 months! ![]() What I wonder, now, is where this particular case fits into the rest of the strategy, given the fact that it sat for much longer than we anticipated it would. Note, too, that since it's been assigned to a new judge, I would think there's the possibility of additional oral arguments, since the new judge wasn't there during the original arguments and thus didn't get a chance to ask the questions he would have asked or make comments he would have made.
__________________
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional. The real world laughs at optimism. And here's why. |
#11
|
||||
|
||||
![]()
Just from what Gene wrote, it would appear that the US Supreme court is looking at the lower courts and how they are proceeding with 2nd amendment cases.
The fact that the Chief Justice stepped in and pulled a case that had been in "limbo" for 18 months shows that maybe Justice Roberts believes that "justice delayed" is "justice denied". The issue is how long will the new judge drag things out. Hopefully the new judge will realize he got the case because the prior judge took way too long to rule on the Palmer Case. Hopefully this is going to send a message through the whole federal judicary about playing stalling games on 2nd amendment cases. Perhaps this is a preview to the lower courts that the right to "bear arms" is on the SCOTUS radar. Nicki |
#12
|
||||
|
||||
![]()
On the contrary, I'd say it means Justice Roberts agrees with your skepticism, so much so he did something about it.
__________________
"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. |
#14
|
||||
|
||||
![]() Quote:
An added note... Judge Scullin was nominated by George H. W. Bush and sat on the FISA court....
__________________
![]() |
#15
|
||||
|
||||
![]() Quote:
![]()
__________________
"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. |
#16
|
|||
|
|||
![]()
I'm not sure how much "pick and choose" there really is in such cases. And for all I know, Kennedy might have rendered a better decision.
But what I really like is that Ezell is being cited as an additional authority. To me that is quite important. |
#17
|
||||
|
||||
![]()
Maybe this will light a fire under the judge for Nordyke?
__________________
WTB: SWISS & German police trade in pistols / P210s WTB: German made & proofed SIG P226R & P228R WTB: Factory cutaway pistols & rifles WTB: LAPD Ithaca M37 / Other PD trade ins.... |
#19
|
|||
|
|||
![]()
Maybe I'm not up-to-date on Nordyke, but I think we're at the stage where we have a Nordyke decision and the Nordykes are asking for a re-hearing by the 3 judge panel or for an en banc hearing.
Once that is decided it may go back to a lower court or have further work at the circuit level. Wouldn't surprise me if the Nordykes dropped their current request and went for a SCOTUS appeal in the very near future using Ezell as one of the authorities. |
#21
|
|||
|
|||
![]()
Glad to see some movement.
![]()
__________________
"Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement." Winston Churchill “Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can” Samual Adams |
#23
|
||||
|
||||
![]() ![]() ![]() ![]() ![]() ![]() ![]()
__________________
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. -- Cesare Beccaria http://www.a-human-right.com/ |
#24
|
|||
|
|||
![]()
Great news. Thanks for the info, Gene.
Were other gun cases also reassigned? Kachalsky? EDIT: Answer: No. The cases reassigned to the judge are from all over the map of the eastern USA. This is apparently the only 2A-related case. "Senior Judge" means "retired judge who takes on cases from time to time", though ten cases is pretty deep for a part-time job. Having him pick up cases from multiple circuits is unusual and must speak to the backlog in the federal court system.
__________________
------ Some Guy In Maryland Last edited by Patrick-2; 07-19-2011 at 7:10 AM.. |
#25
|
||||
|
||||
![]() Quote:
__________________
www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit |
#27
|
||||
|
||||
![]()
Its just a matter of time now.
__________________
Quote:
![]() |
#28
|
||||
|
||||
![]()
http://en.m.wikipedia.org/wiki/Frederick_Scullin
Judge Scullin, Colonel US Army Reserve, Ret. http://www.nynd.uscourts.gov/bios/fjs.htm http://www.fjc.gov/servlet/nGetInfo?...=na&instate=na
__________________
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. -- Cesare Beccaria http://www.a-human-right.com/ Last edited by Liberty1; 07-19-2011 at 6:58 AM.. |
#29
|
||||
|
||||
![]()
I wonder if Justice Roberts and/or his staff read this site or MDShooters or NYShooters.
__________________
"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. |
#30
|
||||
|
||||
![]() Quote:
When will any "results" of the chamber conference be public?
__________________
240+ examples of CCWs Saving Lives. Last edited by Paladin; 07-19-2011 at 7:11 AM.. |
#31
|
|||
|
|||
![]()
Maybe with the flood of 2A/carry cases being filed and SCOTUS knowing they're gonna be looking for cert.....some having already applied, they wanted to get that case moving since it was the or one of the first to be filed.....not to mention....perhaps like Heller, with DC being a federal enclave it makes the case easier to decide and then apply to the states the via McDonald.
__________________
"Freedom begins with an act of defiance" Quote for the day: Quote:
Last edited by Untamed1972; 07-19-2011 at 7:09 AM.. |
#32
|
|||
|
|||
![]() Quote:
As for schedule, Gura all but threatened to file a Preliminary Injunction in the last paragraph of his Ezell Supplemental Authority Brief: Quote:
__________________
------ Some Guy In Maryland Last edited by Patrick-2; 07-19-2011 at 7:13 AM.. |
#33
|
|||
|
|||
![]() Quote:
Quote:
![]()
__________________
Quote:
|
#34
|
||||
|
||||
![]()
Take Liberty Hill, Ranger, and hold her until relieved!
![]()
__________________
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. -- Cesare Beccaria http://www.a-human-right.com/ |
#35
|
||||
|
||||
![]()
In that case, the PI if granted would (as it should) instantly change a DC handgun purchase and home possession license into a DC carry license with no further process required, correct?
__________________
"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. |
#36
|
|||
|
|||
![]()
I'm wondering if this was done due to Ezell in part, i.e. to forestall a PI motion from Gura and have the case decided on it's merits?
__________________
Quote:
|
#37
|
|||
|
|||
![]()
The guy has been handed 10 cases to do. If he doesn't like the 2A, he could easily decide that Palmer will be the 10th case that he works on.
On the one hand, he was an Army Ranger and ex-military are often pro-gun. On the other hand, he was an officer, and officers sometimes think "the grunts" shouldn't be running around with guns outside of combat zones. He was also a prosecutor, and those guys have a way of painting the entire population in the same negative light as the criminals they pursue. I'm am guardedly optimistic, but I'm not getting excited until I see forward progress on this case, as well as some evidence that this judge is actually on our side. I'd like to HOPE for him to be at least 2A neutral, but I'm discovering the federal judiciary tends not to be 2A neutral....
__________________
![]() Proud to belong to the NRA Members' Council of Santa Clara County Disclaimer: All opinions are entirely my own. |
#38
|
||||
|
||||
![]() Quote:
__________________
www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit |
#39
|
|||
|
|||
![]() Quote:
__________________
"The problem with quotes found on the Internet is you have no way of confirming their authenticity." -Abraham Lincoln |
![]() |
Thread Tools | |
Display Modes | |
|
|
![]() |
![]() |
![]() |