Peruta: Update - Clement enters

[OleCuss]

I'm no expert in such things, but I think I may be seeing something that has not been pointed out.

IIRC, Chuck Michel's firm was representing Peruta. So far as I can tell that is a very good law firm whom I'd be happy to represent me if I were in their area and needed their assistance. But I don't think they have any members of that firm who work before/in/whatever the SCOTUS.

But Clements does represent clients before the SCOTUS. So when Clements takes over the case and tells the court they should not remand but should go ahead and decide the case - it really looks to me like Mr. Peruta is sort of telling the court that they are preparing to take this case to the SCOTUS and that it really is wasting time to remand. It is also a sort of warning to the court to pay close attention to the existing SCOTUS rulings because if they don't get it right they are going to have a heavy hitter asking the SCOTUS to slap the Circuit around.

Interesting moves. I'll be very interested in what happens in the next week or so and also what the circuit does with the case.

[Purple K]

Hmmm.... Maybe a firearms carry case from the left coast will make it to SCOTUS.

[Al Norris]

And OleCuss wins the donut!!

Like him or not, Paul Clement is the equivalent of bringing out the 16inch Navel Artillery.

[Crom]

Very interesting indeed. Does anyone feel that there could be a chance to win in the 9th here and have that decision confirmed at SCOTUS? Think about it. The 9th circuit in Nordyke IV (2009) incorporated the 2A. They made the leap. They can do this! We could get carry sooner than I originally thought.

For those that don't know I'd like to point out the Peruta case is funded by CRPAF and the NRA.

The lawsuit and appeal are being funded by the NRA-CRPA Foundation Legal Action Project (LAP). To fight for the self-defense civil rights of all Californians, the NRA and CRPA Foundation have joined forces. Through LAP, NRA/CRPAF attorneys fight ill-conceived gun control laws and ordinances, educate state and local officials about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners, and produce valid science about game and wildlife resource management.

To contribute to the NRA/CRPAF Legal Action Project (LAP) and support this and similar efforts and Second Amendment litigation in California, visit www.crpafoundation.org and www.nraila.org.
-Source

[Connor P Price]

Crom, I love your optimism but hoping for a win in the 9th seems overly optimistic does it not? Even if they know they'll get reversed I think they'll punt it up to scotus just because they don't want to be the ones to make that call. It is the ninth after all, what's one more reversal?

Sent from my SGH-T959 using Tapatalk

[wildhawker]

Hmmm.... Maybe a firearms carry case from the left coast will make it to SCOTUS.

Alan Gura, Don Kilmer, SAF, CGF, fantastic individual plaintiffs, and an artfully-crafted lawsuit that challenges both "good cause" and "good moral character"... yeah, not so worried about the left coast.

-Brandon

[unusedusername]

I would have loved to be a fly on the wall when the county council received that notice....

It is very unlikely that the county council is as familiar with nationwide firearms litigation as the folks on this board are. It is very likely that the county council had never heard the name before receiving the filing.

I would like to be the fly on the wall when they researched who he is though

[safewaysecurity]

It is very unlikely that the county council is as familiar with nationwide firearms litigation as the folks on this board are. It is very likely that the county council had never heard the name before receiving the filing.

I would like to be the fly on the wall when they researched who he is though

It's very likely that they have heard of him given that he was the former Solicitor General.

[press1280]

I've gotten the impression that if Clement asks for certiorari, he'll get it no matter what..........

[Wolverine]

I've gotten the impression that if Clement asks for certiorari, he'll get it no matter what..........

Among some members of the court, it helps that Clement clerked for Scalia.

[PsychGuy274]

This makes me happy.

[HowardW56]

It's very likely that they have heard of him given that he was the former Solicitor General.

[Patrick-2]

I'm with Al (and the rest of you): Big Guns. The Court likes the man. He was a good SG even if we did not agree with him all the time.

[Ubermcoupe]

Clement clerked for Scalia.

I didn't know that. That's somewhat promising.

[Big Ben]

Very interesting. It will be interesting to see whether the case gets kicked back down or not.