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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #41  
Old 08-22-2018, 3:11 PM
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Thanks for the post on that. Yup, tinfoil hat removed now. As I said, IANAL and I didn't have that understanding of it. Cool. Then I'm not worried, and Gorski's case is going to be denied cert.
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  #42  
Old 08-22-2018, 3:24 PM
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Then I'm not worried, and Gorski's case is going to be denied cert.
Probably, but we don't know for sure. It's just extremely unlikely the antis are strategizing about it in secret meetings, so if it does get cert, it would be a normal, spontaneous, unlikely thing, as opposed to a calculated, manipulative thing.

Don't need to trash the tin foil hat, just make sure it fits properly
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  #43  
Old 08-22-2018, 5:30 PM
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Do you still think so? Did the AG waive responses because they think this case isn't worth responding to, or because they're hoping it gets cert? The AG absolutely is aware of the active nature of this area of litigation and of the composition of the court.
California has three options when it comes to responding to Gorski's petition:
1) Waive the right to respond
2) Agree that the issue merits review;
3) Oppose the petition.

http://www.scotusblog.com/reference/...urt-procedure/

If California was committed to the idea that Gorski's case was the best way for California to finally resolve whether the right to bear arms extends outside the home, it could have responded to the petition and advised the Court that California agrees that Gorski's case should be reviewed by the Court. California did not do this. That pretty much addresses your concern. If California - one of the largest states in the union - requested review of the right to bear arms, the likelihood the Court would grant cert would be significantly increased.

It is quite possible (likely even) the AG determined that it was not worth the resources to respond to Gorski's petition.

Moreover, in cases where the respondent does not file an opposition and where the Court is interested in granting cert, the Court can and sometimes does request a response from the respondent. As such, the AG probably has concluded: (1) California does not want SCOTUS taking any right to bear arms case from California; (2) opposing Gorski's petition will increase the profile of Gorski's petition and actually make it more likely the Court will grant cert; (3) the Court will ask for a response if it is interested in granting cert.
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  #44  
Old 09-01-2018, 3:40 AM
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Rothery was distributed for the September 24th conference, but 2 days later a response was requested by SCOTUS, due October 1st. So this will NOT be at the Sept 24th conference, more likely late October at the earliest.

This does show *some* interest by the court, although it's a low bar. I don't recall SCOTUS NOT requesting a response in any non-pro se 2A petitions.

https://www.supremecourt.gov/search....ic/18-121.html
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  #45  
Old 09-28-2018, 3:21 PM
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Rothery was distributed for the September 24th conference, but 2 days later a response was requested by SCOTUS, due October 1st. So this will NOT be at the Sept 24th conference, more likely late October at the earliest.

This does show *some* interest by the court, although it's a low bar. I don't recall SCOTUS NOT requesting a response in any non-pro se 2A petitions.

https://www.supremecourt.gov/search....ic/18-121.html
Hopefully Kavanaugh will be on the Court by then.
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  #46  
Old 09-29-2018, 3:31 AM
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Hopefully Kavanaugh will be on the Court by then.
I don't think that'll matter. If there's interest to take it, they can re-list until Kavanaugh is seated.
I actually hope they don't take it. Instead the NJ case would be better IMO, and it should be filing for cert very soon.
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  #47  
Old 10-10-2018, 1:32 PM
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Briefings have been completed, just have to wait for a conference date. This case just has too many issues (Rothery already has a CCW, for one).
https://www.supremecourt.gov/search....ic/18-121.html
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  #48  
Old 10-17-2018, 1:08 PM
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DISTRIBUTED for Conference of 11/2/2018.
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  #49  
Old 10-17-2018, 1:53 PM
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It means that the case is now being examined (or literally, the packet for the case is being passed out to the offices of the justices) by the SCOTUS so they can decide to take it or decline it or wait for the next conference to review it instead.

It means we will know pretty soon whether they will take the case or not.
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  #50  
Old 11-05-2018, 6:31 AM
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18-121 ROTHERY, JAMES, ET AL. V. BLANAS, LOU, ET AL. Denied

https://www.supremecourt.gov/orders/...18zor_o759.pdf


This case is dead. The next one up is Rogers out of New Jersey

I really think they will take Rogers and or Gould.

Last edited by wolfwood; 11-05-2018 at 7:08 AM..
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  #51  
Old 11-05-2018, 7:21 AM
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A bullet dodged???

I'm not sure if I should or

Either way, "Next!"
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  #52  
Old 11-05-2018, 7:22 AM
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Quote:
Originally Posted by wolfwood View Post
The next one up is Rogers out of New Jersey

I really think they will take Rogers and or Gould.
Roughly when do you think that will be?
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  #53  
Old 11-05-2018, 7:33 AM
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Roughly when do you think that will be?
3-4 months roughly. The cert petition has not been filed yet.
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  #54  
Old 11-05-2018, 8:33 AM
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Originally Posted by wolfwood View Post
18-121 ROTHERY, JAMES, ET AL. V. BLANAS, LOU, ET AL. Denied

This case is dead. The next one up is Rogers out of New Jersey
A victory for our side. The absolute last thing we want is a "hero" like Gorski to have any involvement in anything that touches our gun rights.

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I really think they will take Rogers and or Gould.
Good!

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Originally Posted by Paladin View Post
A bullet dodged???
Yes.

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Originally Posted by Paladin View Post
I'm not sure if I should or
Absolute it's:

Someone like Gorski will find a way to lose, no matter what.
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  #55  
Old 11-05-2018, 8:39 AM
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Originally Posted by CCWFacts View Post
A victory for our side. The absolute last thing we want is a "hero" like Gorski to have any involvement in anything that touches our gun rights.



Good!



Yes.



Absolute it's:

Someone like Gorski will find a way to lose, no matter what.

You are in luck then. The next two cases are NRA backed cases litigated by Kirk Cooper which is one of the top law firms in the nation. I suspect but don't know that Paul Clement will take over if either case goes to SCOTUS.
I am behind those cases because I highly doubt the NRA will be seeking en banc review in either of those cases so the next step is a direct appeal to SCOTUS. Whereas my case needs to have at least a en banc vote.
Remember the Ninth Circuit takes much longer to do anything than the other Circuits.
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  #56  
Old 11-05-2018, 10:07 AM
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Originally Posted by wolfwood View Post
know that Paul Clement will take over if either case goes to SCOTUS.
I am behind those cases because I highly doubt the NRA will be seeking en banc review in either of those cases so the next step is a direct appeal to SCOTUS. Whereas my case needs to have at least a en banc vote.
Remember the Ninth Circuit takes much longer to do anything than the other Circuits.
Doesn't SCOTUS prefer cases having tried to go thru rehearing or en banc before taking them, to get the maximum number of AC judges' opinions on a case possible? (I'm no fed appeals ct practice expert.)

Last edited by Paladin; 11-05-2018 at 10:46 AM..
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  #57  
Old 11-05-2018, 11:02 AM
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Doesn't SCOTUS prefer cases having tried to go thru rehearing or en banc before taking them, to get the maximum number of AC judges' opinions on a case possible? (I'm no fed appeals ct practice expert.)
It does not matter. It just seems like it matters because the type of cases SCOTUS takes are also the type of cases that are likely to go en banc.
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  #58  
Old 11-05-2018, 1:04 PM
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Not much in the media yet, but I found this:

https://www.usnews.com/news/top-news...n-restrictions
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  #59  
Old 11-05-2018, 1:47 PM
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Originally Posted by Paladin View Post
Doesn't SCOTUS prefer cases having tried to go thru rehearing or en banc before taking them, to get the maximum number of AC judges' opinions on a case possible? (I'm no fed appeals ct practice expert.)
Not sure if there are any stats on that.

In this case it doesn't matter. Rogers is a do-over in the 3rd Circuit which already ruled and denied en banc in the original case (Drake). So nothing to be gained by asking for en banc.
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  #60  
Old 11-05-2018, 1:50 PM
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Roughly when do you think that will be?
Rogers will need to file for cert or an extension by the end of December.

I'm a little disappointed they haven't filed early to maximize their chance of being heard and decided this term. The result was a foregone conclusion.

That said I almost NEVER see lawyers file anything early.
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  #61  
Old 11-05-2018, 2:07 PM
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That said I almost NEVER see lawyers file anything early.
Hire one and watch for invoices...
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  #62  
Old 11-05-2018, 3:23 PM
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Hire one and watch for invoices...
It's both. Hire one and watch for invoices and yet the briefs to the court will be filed at the very last possible minute.
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  #63  
Old 11-05-2018, 6:19 PM
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It's both. Hire one and watch for invoices and yet the briefs to the court will be filed at the very last possible minute.
I think that may be strategic; it gives the opposition the least amount of time to craft a reply.
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  #64  
Old 11-06-2018, 3:30 AM
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I think that may be strategic; it gives the opposition the least amount of time to craft a reply.
They just ask for more time anyway and always get it.
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  #65  
Old 11-07-2018, 10:56 AM
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Looks like Kennedy's replacement didn't change a bit...
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  #66  
Old 11-07-2018, 1:41 PM
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Originally Posted by mrrabbit View Post
No change was required or called for.

Heller v. DC, Peruta and 600+ years of case precendent, colonial precendent and English tradition:

Concealed is not the right and may be prohibited.

Kavanaugh acknowledged this as well during his Senate hearing questioning.

=8-|
It's an old discussion, but concealed is not a right, only if open carry is not banned. Nevertheless, so far SCOTUS with Kavanaugh is no better than SCOTUS with Kennedy for 2A
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  #67  
Old 11-07-2018, 1:56 PM
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It's an old discussion, but concealed is not a right, only if open carry is not banned. Nevertheless, so far SCOTUS with Kavanaugh is no better than SCOTUS with Kennedy for 2A
Kavanaugh was sworn in October 6. He began SCOTUS business October 9.

Exactly how much difference might one new justice have in less than a month?
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  #68  
Old 11-07-2018, 2:15 PM
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Kavanaugh was sworn in October 6. He began SCOTUS business October 9.

Exactly how much difference might one new justice have in less than a month?
The rumors were saying Kennedy's stance was the reason SCOTUS didn't take any 2A cases lately. Kennedy has been replaced with pro-2A Kavanaugh, then the first 2A case goes the same route. Probably, rumors were not very accurate or full.
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  #69  
Old 11-07-2018, 2:19 PM
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Exactly how much difference might one new justice have in less than a month?
A huge difference! Look at how many forum posts and tweets have happened during that time. Billions of tweets! If there's time for billions of tweets, there should be time for him to get the court to grant cert, hear arguments, and issue some rulings for us.
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  #70  
Old 11-07-2018, 11:08 PM
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The rumors were saying Kennedy's stance was the reason SCOTUS didn't take any 2A cases lately. Kennedy has been replaced with pro-2A Kavanaugh, then the first 2A case goes the same route. Probably, rumors were not very accurate or full.
As I've said, this case had issues. SCOTUS needs clean cases.
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