Young v. Hawaii (CA9); Dismissed with predjudice 12-16-22

[nick]

If SCOTUS doesn't do its job, what's there worth preserving?

[DolphinFan]

[Paladin]

Yeah, Bybee and Berzon will likely go through the motions of asking for additional briefing on the effect of the Young en banc opinion (written by Bybee of course). Then my bet is they swiftly affirm the district court without further argument.

How long will that take? (I’m guessing 4 weeks for briefing and about the same for denial)

And then???

Nichols asks for en banc. (14 days?)

It gets denied? (within a few months later)

Nichols ask for cert.... (in about 4-6 months from now, late summer to fall)

Nichols could catch up to NYSRPA! (and Young)

And then there’s still Flanagan bringing up the rear....

[usr1987]

slowly but surely... let argues among ourselves... maybe things will change...

I think open carry is stupid, but conceal is great!

[abinsinia]

The more of the dissent I read the more disgusting the majority opinion appears. If this doesn't get cert, I would be really black pilled, this opinion is the epitomy of 2A being a second class right.

[LVSox]

Librarian that Nichols might start moving again so get ready to unlock its thread: https://www.calguns.net/calgunforum/....php?t=1222587

Yeah, Bybee and Berzon will likely go through the motions of asking for additional briefing on the effect of the Young en banc opinion (written by Bybee of course). Then my bet is they swiftly affirm the district court without further argument.

[Paladin]

Librarian that Nichols might start moving again so get ready to unlock its thread: https://www.calguns.net/calgunforum/....php?t=1222587

[LVSox]

The 14 days to request rehearing starts today. The 90 days for cert starts upon the issuance of the mandate (which absolutely does not need to be 14 days from now). The 90 days is extended by 30 days as a matter of course upon request in most circuits. (I’m not sure what Kagan’s feeling is about extensions. But AMK used to grant them routinely. I don’t know of any Justices who are sticklers as Scalia used to be. EDIT: checked, and looks like since she’s been on the court Kagan’s been up around 90% for extension grants, even more generous than AMK.)

We’ll likely get a cert decision on NYSRPA v Corlett before then, which will be the writing on the wall, anyway.

[Paladin]

[LVSox]

I said full court en banc: that includes ALL 29 active (non senior) CA9 judges. Legally it is the next step in appeals even though it’s never been used before. We asked it in Peruta too. Until that has been asked and denied we haven’t exhausted our appeals in this, relative to SCOTUS, “lower court.” SCOTUS prefers us to do that prior to bothering them with our case.

Um, I’m the guy whose posts educated you about the full court process. I’m also a guy who has filed one. It is not a requirement before the filing of a cert petition, is filed EXTREMELY rarely (I know of only a handful of full court rehearing petitions that have been filed, including mine), while cert petitions after limited en banc opinions are filed in the majority of en banc cases.

There won’t be a full court rehearing petition filed here. Believe me.

The holding in this case is actually quite timely, as it kneecaps NY’s argument opposing cert in NYSRPA v. Corbett that there’s no split, and that every circuit has either recognized or assumed without examination that the 2nd protects the right to carry outside the home. I’d expect a letter from Clement to SCOTUS about this opinion in the next few days.

[ritter]

Out of lurk mode just to chime in: what a steaming pile of ***** that ruling is. The 9th doesn't even recognize "bear" as being part of the 2A. They absolutely murdered any quasi honest reading of Heller.

[IVC]

It has nothing to do with any attorney's performance, it's politics and a challenge to the SCOTUS to enforce what they said in Heller. The right to carry either exists or doesn't, so it's either the "right to keep arms" or the "right to keep and bear arms."

[Paladin]

This was the en banc ruling.

There is not going to be a request for full court rehearing here. That would be a futile waste of money and time. We lost 7-4.

The next step is a cert petition, which will certainly be filed.

I said full court en banc: that includes ALL 29 active (non senior) CA9 judges. Legally it is the next step in appeals even though it’s never been used before. We asked it in Peruta too. Until that has been asked and denied we haven’t exhausted our appeals in this, relative to SCOTUS, “lower court.” SCOTUS prefers us to do that prior to bothering them with our case.

[phdo]

[sheepdawg]

Senior Judge Bybee, who was appointed by President George HW Bush, wrote the majority opinion. Senior Judge Clifton, who also was appointed by President George HW Bush, was also in the majority. The other members of 7-member majority were nominated by Presidents Clinton and Obama. The four dissenters were were nominated by Presidents Reagan, George HW Bush, and Trump.