hutchens stayed

[flyonwall]

Docket Text:
Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN) The central issues of this case are the scope of the Second Amendment right to bear arms in public and the standard of review for Second Amendment challenges. There are currently several pending cases in the Ninth Circuit concerning these very issues. Accordingly, submission of this case is vacated and proceedings are stayed pending resolution of the following cases:
United States v. Chovan, No.*11-50107*(submitted 2/15/12);
Peruta v. County of San Diego, No.*10-56971 12/6/12);
Richards v. Prieto, No.*11-16255*(submitted 12/6/12); and
Baker v. Kealoha, No.*12-16258*(submitted 12/6/12).

The panel retains jurisdiction over this petition for review. (submitted [8858927] (SM)

[flyonwall]

It would appear they are preparing a comprehensive opinion about outside the home and will then deal with discretion case by case.

[press1280]

Chovan has been hanging out for a long time. From listening to orals for a few minutes it sounds like a prohibited person/misdemeanor case, not an outside the home case.

[flyonwall]

There is a facial challenge to a broad federal statute. Listening now too. Gov just acknowledged may be a violation but want intermediate not strict. Case could be part of global scrutiny issue.

[voiceofreason]

In English for us that are not as legal savvy?

[flyonwall]

Means they all had a meeting and kozinski said we are getting a big fat comprehensive opinion this year.

[wolfwood]

Any idea when?

[flyonwall]

This year.

[fizux]

This year.

Is that a SWAG, or are there additional facts that led you to that conclusion?

[sholling]

Any idea when?

It depends on how long it takes them to dress up rational basis as intermediate scrutiny and how long it takes for them to use that as a tool to write a comprehensive rejection of any right to bear arms outside the home. My SWAG is that the 9th Circus are feeling their oats now after a string of right to bear cert rejections by SCOTUS and that they are finally almost ready to slap us down hard.

[flyonwall]

A little of both. This panel was ready to decide, then Nichols got stayed and now this stay. Now add chovan and the delay in setting orals on the rest of the cases combined with a one year average time for opinion. Finally a little of kozinskis anger at nordyke. This order says the first four are being clustered for a decision and because a pi requires a prompt decision, this panel thinks that decision is coming soon and will solve the problem for them.

[flyonwall]

And they will rule strongly in our favor- not swag- but in a general way affirming that the right exists outside the home and that presumptive bans violate 2a.
I wonder if they issued an order in Jackson or if that will just sit because not pi?

[Paladin]

And they will rule strongly in our favor- not swag- but in a general way affirming that the right exists outside the home and that presumptive bans violate 2a.

How Feinstein and Boxer will look:

[John Galt]

What is "swag"?

[Librarian]

What is "swag"?

s w a g -- silly wild-a** guess.