ScotusBlog: all 3 gun cases Cert Denied Feb 24

[Liberty1]

Drake has not been denied cert, I believe it is scheduled for conference in April.

Drake and also long shot Embody (not sure of the conference date).

[solanoslough]

Drake has not been denied cert, I believe it is scheduled for conference in April.

It is not scheduled yet. The Brief in opposition hasn't been filed, nor has the response to the brief. I would guess that it will be up for the April 18th conference and that we should know on April 21st.

[solanoslough]

Drake and also long shot Embody (not sure of the conference date).

drake probably has an April 18th conference date. embody is set for march 7th. unless there are more cases that I don't know about.

[mmayer707]

The title is definitely misleading. The big cases we want them to take were not denied. Here is to hoping they take Drake.

[Gray Peterson]

Completely expected. They are done with 2A cases.

NRA v. BATFE was the pistol 18-21 year old acquire from FFL case.

NRA v. McCraw was the 18-21 year old carry case from Texas.

Lane v. Holder was the interstate pistol acquire case.

"bear" directly is still unsettled in the lower courts and now there is a direct circuit split with Peruta and Drake. Lane has basically a companion case to look out for, called Dearth v. Holder (citizens of the USA who reside outside of the USA) which would accomplish the same results as Lane if the state residency restriction is struck to fix the issue, but Dearth is a more direct preclusion of rights because Lane can still get a handgun, Dearth cannot.

An 18-21 firearms possession case, such as the Illinois FOID card ban on young adults getting FOID without parental permission, is being litigated in Horsley v. Trame in Illinois. Hawaii would also be a perfect state to litigate acquiring arms and keeping arms for 18-21 year olds.

I do not believe they are done with 2A.

[HowardW56]

NRA v. BATFE was the pistol 18-21 year old acquire from FFL case.

NRA v. McCraw was the 18-21 year old carry case from Texas.

Lane v. Holder was the interstate pistol acquire case.

"bear" directly is still unsettled in the lower courts and now there is a direct circuit split with Peruta and Drake. Lane has basically a companion case to look out for, called Dearth v. Holder (citizens of the USA who reside outside of the USA) which would accomplish the same results as Lane if the state residency restriction is struck to fix the issue, but Dearth is a more direct preclusion of rights because Lane can still get a handgun, Dearth cannot.

An 18-21 firearms possession case, such as the Illinois FOID card ban on young adults getting FOID without parental permission, is being litigated in Horsley v. Trame in Illinois. Hawaii would also be a perfect state to litigate acquiring arms and keeping arms for 18-21 year olds.

I do not believe they are done with 2A.

Denial of Cert to those 3 isn't surprising....

[Mrbroom]

Semi-auto case? Could they mean rifles?

[GM4spd]

And you were expecting what? Pete

[solanoslough]

18 year olds can purchase long guns and carry them openly in Texas. The NRA cases were losers. They should have found a state that denies carry permits to those under 21 and also denies the right to openly carry long guns.

[jrock]

Basically, this means we the people need to stop relying on a few in blacks capes.
Thankfully we have article 5 2a.
Unfortunately we have those that discount article 5 2a for a myriad of reasons. ..take too long, I'm not in a red state...

[Paladin]

Emily Miller, Washington Times & a great book "Emily gets her gun and Obama wants yours" is quoted as saying the Scalia commented a "semi-auto" case would be appropriate next.

Quoted where? Link?

If so, could someone start a thread re. the status of lawsuits challenging AWBs around the country? Something comparable to mine re. the status of CCW lawsuits (http://www.calguns.net/calgunforum/s...d.php?t=812950).

[CaliforniaLiberal]

So where does this leave us? Does this mean the cases they denied have to wait or will they not be heard at all?

Those cases are done, never to be heard by the US Supreme Court. The last appellate ruling upholding the unfavorable decision remains.

When you ask the US SC to hear your case and they say "No" that's it, game over, no further recourse.

We're slipping into KCBrown world now.

[Paladin]

We're slipping into KCBrown world now.

Not yet. If they don't grant cert. to Embody on March 7th or to Drake on April 18th (announced on 21st?), then I'll be

[OleCuss]

Well, you have to remember that they pick the cases that they want. You don't give them the case they want - and they'll deny cert.

Since we don't know what they want, we'll have to see if they want one of the upcoming ones.

Remember, while they surely know about Peruta, it is not clear to me that the case is briefed on any of the cases which were/are up for cert. That means that the SCOTUS may not believe that they have seen the kind of circuit split which would heighten their interest in taking a RKBA case at this time.

But it's all speculation. We don't really know what they are looking for.

And realistically, Peruta may have partially killed the interest in taking one of those three cases they denied today. Those who want to address the issue may be hoping there is a petition for cert in the Peruta case so they may be wanting to hold off until next year so that they can use the language in Peruta as the basis for a ruling?

But again, we really do not know.

[Gray Peterson]

esqappellate at Maryland Shooters (He teaches appellate advocacy and he's provably the MD Shooters foremost expert/predictor of SCOTUS and appellate cases) had this to say:

Never is a long time. I agree that the Court has displayed a great reluctance to grant cert where a state or federal statute has been sustained. That will change where a statute has been struck down as unconstitutiional and the federal government or a state is petitioning. Everyone knows that of course, so there is a reluctance among the defendants to seek cert. so as to avoid the Court. There was much criticism against DC taking up Heller for that reason. Illinois really didn't want to seek cert in Moore/Shepard and it looks like SD doesn't want Peruta in the SCT either. This split won't last forever. There is too much energy on both sides and the Court won't forever let half the population live under a different 2A than the other half. They just don't do that to constitutional law.

There is a chance that Peruta will be final by the end of March. Drake doesn't go to conference until mid April. If Peruta is final (no en banc sought or voted down if a vote is requested sua sponte), then the split presented by Drake is completely unavoidable. Let's see what happens to Drake in those circumstances. If Peruta isn't final by mid April, then cert will be denied in Drake, in all probability. In the meantime, O'Scannlain will sit on Richards and Baker until he sees whether en banc is granted in Peruta. Peruta is thus a test case for the 9th Circuit. He is a very smart judge.

No, not really. O'Scannlain will decide Baker and Richards after Peruta becomes final. Baker has real potential, as it basically extends to the entire state of Hawaii. Not sure that Hawaii could resist seeking cert., given how anti that state is. DC is another future candidate if the dct ever decides Palmer. DC is the only jurisdiction in the Union that still imposes a de jure ban on outside the home (no permitting system at all). The D.C. Circuit heard argument in Dearth II and then specifically sought supplemental briefing on whether the right extends outside the home, thereby signaling that they may decide that question in Dearth. That's a federal statute at issue and if it is struck down, even in part, then the SG will be under considerable pressure to defend a federal statute by seeking cert from that decision. Sooner or later a case could also emerge from another case in which the issue is presented. You just don't know. Honestly, I thought that the NRA just bit off more than the courts were willing chew with McCraw and BAFT on the 18-20 year olds. Winning is important. You have got to pick your cases. Go for singles and doubles, not home runs.

SOURCE: http://www.mdshooters.com/showthread.php?p=3048291