VICTORY IN PALMER!!!!

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  • rlc2

    Active Member
    Nov 22, 2014
    231
    left coast
    Interesting lede on WAPO reporting about new Mayors priorities...

    Jeez, you'd almost think WAPO is coordinating the talking points here...


    http://www.washingtonpost.com/blogs...uriel-bowser-you-have-a-mayor-who-hates-guns/

    Used to be the WAPO was, y'know, a newspaper....news, that is.
    Woodward and Bernstein, and all that...

    Jim Vanderhei formed Politico, to be the echo chamber for DC and NY press, but other than Volokh reporting on the law, after the fact, all you get from WAPO is warmed over Talking Point Memos...

    You'd almost think they are colluding with Media Matters, so pathetically obvious what they report on, vs what they studiously wont...

    Maybe Bezos regrets letting Klein walk, and VoxSplain things to the few progtards left on the Plantation in DC...

    Ben Graham must be rolling in his grave.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Jeez, you'd almost think WAPO is coordinating the talking points here...


    http://www.washingtonpost.com/blogs...uriel-bowser-you-have-a-mayor-who-hates-guns/

    Used to be the WAPO was, y'know, a newspaper....news, that is.
    Woodward and Bernstein, and all that...

    Jim Vanderhei formed Politico, to be the echo chamber for DC and NY press, but other than Volokh reporting on the law, after the fact, all you get from WAPO is warmed over Talking Point Memos...

    You'd almost think they are colluding with Media Matters, so pathetically obvious what they report on, vs what they studiously wont...

    Maybe Bezos regrets letting Klein walk, and VoxSplain things to the few progtards left on the Plantation in DC...

    Ben Graham must be rolling in his grave.

    Honestly, I found it refreshing. I hate guns and will regulate them as strictly as possible, says the Mayor! None of this I love the 2nd amendment but, crap.

    I wish the govt would take the same approach to free speech and privacy. We hate people criticizing us and will prevent it as much as possible! etc.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Order by the court of appeals in Palmer. Plaintiffs' Motion for summary affirmance: Denied. No surprise there. DC's Motion to hold the appeal in abeyance: Denied. That's a bit of surprise. See attached.
     

    Attachments

    • Palmer.order.on.motion.pdf
      14 KB · Views: 235

    pcfixer

    Ultimate Member
    May 24, 2009
    5,954
    Marylandstan
    Order by the court of appeals in Palmer. Plaintiffs' Motion for summary affirmance: Denied. No surprise there. DC's Motion to hold the appeal in abeyance: Denied. That's a bit of surprise. See attached.


    I couldn't get pdf file to open. Please explain in layman's terms.

    thanks,
    Kenny
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I couldn't get pdf file to open. Please explain in layman's terms.

    thanks,
    Kenny

    Gura filed a motion for summary affirmance asking the court affirm the district court's favorable decision without further briefing. That was denied, which means that the case is assigned to a merits panel and the district's appeal will be fully briefed and argued. The denial was not a surprise because the standard for summary affirmance is very difficult to meet and was not satisfied here.

    The district asked to the court appeals to hold its appeal in abeyance (not proceed with full briefing and argument) pending the current enforcement proceedings in district court. Gura strongly opposed and the court just agreed with Gura. That means that the case will go to full briefing and argument without waiting for the district court's decision on pending motions. Here it is again.
     

    Attachments

    • Palmer.order.on.motion.pdf
      50.2 KB · Views: 251

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    Gura filed a motion for summary affirmance asking the court affirm the district court's favorable decision without further briefing. That was denied, which means that the case is assigned to a merits panel and the district's appeal will be fully briefed and argued. The denial was not a surprise because the standard for summary affirmance is very difficult to meet and was not satisfied here.

    The district asked to the court appeals to hold its appeal in abeyance (not proceed with full briefing and argument) pending the current enforcement proceedings in district court. Gura strongly opposed and the court just agreed with Gura. That means that the case will go to full briefing and argument without waiting for the district court's decision on pending motions. Here it is again.

    So wait, circuit could decide whether to accept appeal before district has even really spelled out what compliance with the original ruling looks like? That just seems weird.

    Code:
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,919
    WV
    Is this panel going to be the one that hears this case (Rogers, Tatel, Brown)? If so, it's another 2 to 1 Dem to GOP panel.
     

    tomh

    Active Member
    Jul 21, 2008
    220
    Thanks for clearing the legalese for us, as always.

    Everything I learned about law, I learned from MDSHOOTERs and nice people there <grin>

    (P.S. Just kidding though, it seems a reasonable way to learn a lot about the court system.)
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    So wait, circuit could decide whether to accept appeal before district has even really spelled out what compliance with the original ruling looks like? That just seems weird.

    Code:

    The issues are really distinct. And a decision in favor of DC on this appeal would moot out the enforcement proceedings. So, not so odd when you think about it.
     

    wjackcooper

    Active Member
    Feb 9, 2011
    689
    The combined arguments Mr. Gura advanced in support of his motion for Summary Affirmance (although the motion was denied) and in his opposition to the Motion to Hold in Abeyance (also denied) apparently succeeded in accurately portraying the present posture of the fundamental issues in the case. At any rate, the Motions Panel was persuaded that final rulings by the lower court were unnecessary at this juncture.

    Mr. Gura’s skill, as an advocate for the 2nd Amendment, is unsurpassed . . . or so it seems to me. Especially noteworthy is his evident ability to see the whole field which most of us see, if at all, only with hindsight; however, the end result will likely depend on the ideology of those empowered (as the data pointed out by kcbrown clearly indicates) to make the final decision.

    We can hope that those who think the Constitution means what it says are in the majority (despite the odds) when the case is finalized.

    Regards
    Jack
     

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