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

[ShadowGuy]

I assume they won't risk 11 judges' lives but will hold virtual oral arguments via Zoom or similar.

I hope they do hold it virtually. I found the video of the Duncan case really interesting.

[Paladin]

Depends on how the en banc panel ends up looking. The makeup of the court is not the same as when they originally stayed the procedure.

You'll have to go thru previous posts, but IIRC, CA9 chose the en banc panel members before staying the case. Jaded CGNers believe that was so they would select judges before Trump filled all CA9 vacancies....

[pistol3]

You'll have to go thru previous posts, but IIRC, CA9 choose the en banc panel members before staying the case. Jaded CGNers believe that was so they would select judges before Trump filled all CA9 vacancies....

If that is the case, then the hearing will just be a formality and the case is moot. No carry, period.

[Paladin]

If that is the case, then the hearing will just be a formality and the case is moot. No carry, period.

Not moot, lost....

Oh well. On to SCOTUS from there!

N.B. if SCOTUS takes a Carry Case (looking at Rogers), CA9 en banc may stay Young again pending it.

[wolfwood]

Case Name: George Young, Jr. v. State of Hawaii, et al
Case Number: 12-17808
Document(s): Document(s)

Docket Text:
Filed order (SIDNEY R. THOMAS): On February 14, 2019, this Court stayed en banc proceedings pending the issuance of an opinion by the United States Supreme Court in New York State Rifle& Pistol Association, Inc, v. City of New York, No. 18-820 and further order of this Court. The Supreme Court has now issued its decision. New York State Rifle & Pistol ***’n, Inc, v. City of New York, 590 U.S. ___, 2020 WL 1978708 (April 27, 2020). Therefore, the stay of en banc proceedings in this case is lifted. En banc argument will take place during the week of September 21, 2020, at the James R. Browning United States Courthouse in San Francisco, California. The specific date and time will be set by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at Paul_Keller@ca9.uscourts.gov or (206) 224- 2236. Given this order, appellant Young’s motion to lift the stay (Dckt # [226]) is DENIED as moot. The parties are instructed to file simultaneous supplemental briefs of no more than 10,000 words on or before June 4, 2020. The parties may file an optional supplemental reply brief of not more than 5,000 words on or before June 22, 2020. Given this order, the State of Hawai’i’s motion for supplemental briefing (Dckt # [202]) is DENIED as moot. The parties shall file with the Court eighteen additional copies of the supplemental briefs filed within seven days of the due dates. The State of Louisiana’s motion for an extension of time in which to file an amicus curiae brief (Dckt # [218]) is GRANTED. The amicus brief will be due on or before June 4, 2020, shall not exceed 5,000 words, and shall otherwise conform to the requirements of Ninth Circuit Rule 29. Amicus shall file with the Court eighteen additional copies of the brief filed within seven days of the due date. Further motions to file amicus briefs must be filed on or before June 4, 2020, must conform to the requirements of Circuit Rule 29, and any brief submitted shall not exceed 5,000 words. Any amicus curiae who is granted leave to file an amicus brief shall file with the Court eighteen additional copies of the brief within seven days after leave to file a brief is granted. [11677171] (AF)

[prkcty]

Here's a link to a CA9 page devoted to all cases granted en banc review:

https://www.ca9.uscourts.gov/enbanc/

Note well how it does NOT list the judges selected to serve on the Young en banc panel.

11 months later, the judges are still not listed there.

[kuug]

Paul_Keller@ca9.uscourts.gov

September 21st for argument date, how many weeks prior do we find out the makeup of the judges?

[Paladin]

I assume it will get stayed again if SCOTUS grants a Carry Case cert this term.

[champu]

I assume it will get stayed again if SCOTUS grants a Carry Case cert this term.

[TruOil]

If that is the case, then the hearing will just be a formality and the case is moot. No carry, period.

Except that the selection of panel judges is random. And the panel was selected before the stay because there was no stay. the case proceeded as normal until the stay order.

[Transient]

Didn't Heller suggest that the 2A does apply beyond the boundaries of ones home in some fashion? And that the details as such are still unknown?



Hasn't at least one SCOTUS Justice opined that the notion that the 2A only applies to the home as being complete BS?

The 7th Circuit has also ruled the 2A extends beyond the home. I think that was Moore v Madigan in 2012. It forced Illinois to legalize CCW.

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[wolfwood]

https://pdfhost.io/v/jWQ5reGBs_Microsoft_Word_Young_Brief_64_550pm_HBdocx.pdf?fbclid=IwAR1kN4E_aWOofhCe9IfLug8IFbrEC9qU9_S646oXXtwD2XbRhTouFor-aiI

I filed our supplemental brief

state filed theres

https://pdfhost.io/v/jWQ5reGBs_Microsoft_Word_Young_Brief_64_550pm_HBdocx.pdf?fbclid=IwAR1kN4E_aWOofhCe9IfLug8IFbrEC9qU9_S646oXXtwD2XbRhTouFor-aiI

A lot of amicus briefs were filed to

[hoystory]

https://pdfhost.io/v/jWQ5reGBs_Micro...XbRhTouFor-aiI


I filed our supplemental brief

state filed theres

https://pdfhost.io/v/jWQ5reGBs_Microsoft_Word_Young_Brief_64_550pm_HBdocx.pdf?fbclid=IwAR1kN4E_aWOofhCe9IfLug8IFbrEC9qU9_S646oXXtwD2XbRhTouFor-aiI

A lot of amicus briefs were filed to

Both links go to the state's response.

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[wolfwood]

https://pdfhost.io/v/W1cwSvh9X_Young_Filed_Appellant_Supplemental_Briefpdf.pdf?fbclid=IwAR1cEsqpzWcSlPGUfcVheESMXP2psvblFXXBf33jH4rZjJH8WQZS63fnCpg

here is mine

[CCWFacts]

https://pdfhost.io/v/W1cwSvh9X_Young..._Briefpdf.pdf?

here is mine

Non-tracker link: Young filed appellant supplemental brief