|
2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
|
Thread Tools | Display Modes |
#41
|
|||
|
|||
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.
__________________
"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#42
|
|||
|
|||
Quote:
Don't need to trash the tin foil hat, just make sure it fits properly
__________________
|
#43
|
||||
|
||||
Quote:
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.
__________________
WTB: Magazines for S&W M&P 9c |
#44
|
|||
|
|||
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 |
#45
|
||||
|
||||
Quote:
__________________
240+ examples of CCWs Saving Lives. |
#46
|
|||
|
|||
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. |
#47
|
|||
|
|||
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 |
#49
|
||||
|
||||
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.
__________________
Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! --Patrick Henry; Virginia, 1775 |
#50
|
||||
|
||||
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.. |
#51
|
||||
|
||||
A bullet dodged???
I'm not sure if I should or Either way, "Next!"
__________________
240+ examples of CCWs Saving Lives. |
#52
|
||||
|
||||
Roughly when do you think that will be?
__________________
240+ examples of CCWs Saving Lives. |
#54
|
|||
|
|||
Quote:
Good! Yes. Absolute it's: Someone like Gorski will find a way to lose, no matter what.
__________________
"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#55
|
||||
|
||||
Quote:
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. |
#56
|
||||
|
||||
Quote:
__________________
240+ examples of CCWs Saving Lives. Last edited by Paladin; 11-05-2018 at 10:46 AM.. |
#57
|
||||
|
||||
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.
|
#58
|
||||
|
||||
|
#59
|
|||
|
|||
Quote:
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. |
#60
|
|||
|
|||
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. |
#62
|
||||
|
||||
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.
__________________
"The most hated initials in America today ... TSA." Said by yours truly to an audience of nodding IRS employees. |
#63
|
||||
|
||||
I think that may be strategic; it gives the opposition the least amount of time to craft a reply.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#66
|
|||
|
|||
Quote:
|
#67
|
||||
|
||||
Quote:
Exactly how much difference might one new justice have in less than a month?
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#68
|
|||
|
|||
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.
|
#69
|
|||
|
|||
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.
__________________
"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#70
|
|||
|
|||
As I've said, this case had issues. SCOTUS needs clean cases.
|
Thread Tools | |
Display Modes | |
|
|