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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-16-2022, 7:09 AM
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Paladin Paladin is offline
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Angry Whitaker v DC (GMC & mootness): Cert denied Oct 03

SCOTUS docket: https://www.supremecourt.gov/search....c/21-1545.html

(From linked/embedded Armed Scholar YT below.)

I’m using “GMC” since that’s the current CA equivalent we’re all familiar with.

Essence: DC CCWer denied renewal by Metro PD for lack of GMC despite no new criminal or psych changes. Whitaker appealed and lost. He sued and Metro PD re-evaluated and said he’s approved and asked court to stop suit due to mootness (like NYC did in first NYSRPA case).

This case is now before SCOTUS seeking cert for those two issues: (1) constitutionality of subjective GMC requirements and (2) permissibility of using mootness to avoid judicial review.

SCOTUS cert conference set for Sept 28.



https://youtu.be/oYGSQhZIk6E


Last edited by Paladin; 10-03-2022 at 7:22 AM..
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  #2  
Old 08-16-2022, 8:32 AM
Elgatodeacero Elgatodeacero is offline
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After reading the brief (but not the complaint) it appears his lawyers failed to claim money damages for the period his license was revoked.

It is a simple way to avoid mootness when the govt relents and grants the permit.
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Old 08-16-2022, 11:27 AM
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I don't know the actual timeline in this case, but I'm hoping SCOTUS takes the case and sets a bright line limit on mootness after a legal challenge is filed against an administrative act.

When the administration acts and originally denies something like issuing a permit/license and the applicant subsequently appeals that denial and is denied again, the State should not be "allowed" to reconsider the appeal denial and reverse itself after the applicant files suit, unless the applicant files a motion for reconsideration with the appropriate administrative agency or there is a change in the law which directly affects the prior denial(s).

Otherwise, there is no finality in the matter upon which a reasonable person can rely.
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Old 09-24-2022, 7:17 AM
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Long CBS article about the fight over “sensitive places.”

https://www.cbsnews.com/news/supreme...ncealed-carry/
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Old 09-26-2022, 9:46 AM
Foothills Foothills is offline
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In other areas of law, especially contract law, it's pretty common for people to settle and the issue leaves the court arena.

There are LOTS of cases that make it to the Supreme Court that I read the briefs and think, "Why didn't they just settle this at a lower level?" Usually someone at the defending organization or government is a stubborn "true believer" who won't back down.
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Old 09-27-2022, 12:10 PM
Lanejsl Lanejsl is offline
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I don't think anything will come of this.
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Old 10-01-2022, 8:49 AM
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If this law isn't tossed before they file their case I predict this is a slam dunk. Those Jewish guys have a lot of connections especially with the doctors and lawyers. Just sayin.
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Old 10-03-2022, 7:16 AM
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Cert denied. On p 11
https://www.supremecourt.gov/orders/...22zor_fcgj.pdf

Last edited by Paladin; 10-03-2022 at 8:18 AM..
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Old 10-03-2022, 8:13 AM
homelessdude homelessdude is offline
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So much for my ESP. No wonder I'm broke.
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Old 10-03-2022, 9:29 AM
BobB35 BobB35 is offline
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So SCOTUS doesn't want to support their last decision....why am I not surprised.

They take dumb cases over case or contract law and ignore fundamental rights.

And Roberts worries about the legitimacy of the court.
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