Question on the Kolbe ruling

steveh326 · Feb 4, 2016

forgive my ignorance, but I had a question and didn't want it to get buried in the million pages of that thread.

Does Hogan have any influence or control over Frosh as to what the state does in regards to appeal/cert/whatever the legal terms are? Can Hogan control the funds that are or are not wasted on legal actions by the state AG?

or is it up to Frosh alone whether to fight this to the supreme court or not? How much of our taxpayer dollars would this waste?

esqappellate · Feb 4, 2016

steveh326 said:
forgive my ignorance, but I had a question and didn't want it to get buried in the million pages of that thread.

Does Hogan have any influence or control over Frosh as to what the state does in regards to appeal/cert/whatever the legal terms are? Can Hogan control the funds that are or are not wasted on legal actions by the state AG?

or is it up to Frosh alone whether to fight this to the supreme court or not? How much of our taxpayer dollars would this waste?

No, Hogan does not control Frosh. It's Frosh's call

RepublicanJD · Feb 4, 2016

esqappellate said:
No, Hogan does not control Frosh. It's Frosh's call

This is correct.

RoboRay · Feb 5, 2016

The only control the MD Governor has over the MD AG is budgetary.

Hogan could defund Frosh's office next FY, making it difficult for him to operate, but Hogan can't stop him.

Stoveman · Feb 5, 2016

Hogan could also take it to the court.

Of public opinion and try to shame the little weasel bastard about wasting hard earned MD taxpayer dollars with appeals.

But I think I have a better shot of going to the moon and back before that would happen....

Allen65 · Feb 5, 2016

Or Hogan's office could file an Amicus brief with the court during an appeal disagreeing with the AG's opinion. That would be fun to see.

Bourbonstamps · Feb 5, 2016

Allen65 said:
Or Hogan's office could file an Amicus brief with the court during an appeal disagreeing with the AG's opinion. That would be fun to see.

i really like the way you think :innocent0

Allen65 · Feb 5, 2016

What makes that even more fun is the case is now "Kolbe vs. Hogan" with the new Gov. I know it makes no difference from a legal standpoint, but having the "defendant" agreeing with the plaintiff to the court would be funny.

Schipperke · Feb 6, 2016

Allen65 said:
Or Hogan's office could file an Amicus brief with the court during an appeal disagreeing with the AG's opinion. That would be fun to see.

That is interesting. Has this ever happened to any state AG ? Is it even possible? Wonder what kind of weight the court would give it.

Allen65 · Feb 6, 2016

IANAL, but an Amicus brief is just an exercise of one's 1st Amendment rights. Gov. Hogan has the same right to file one as any other person or organization. But ultimately the AG officially represents the State in court.

teratos · Feb 6, 2016

Allen65 said:
IANAL, but an Amicus brief is just an exercise of one's 1st Amendment rights. Gov. Hogan has the same right to file one as any other person or organization. But ultimately the AG officially represents the State in court.

It sure would be fun to see his office file an amicus brief, though.

redeemed.man · Feb 6, 2016

Allen65 said:
Or Hogan's office could file an Amicus brief with the court during an appeal disagreeing with the AG's opinion. That would be fun to see.

That would take some courage that Hogan has yet to display in regard to 2A.

Jaybeez · Feb 6, 2016

id personally like to see the fop lodges in md file amicus briefs in our favor. the various members would have to convince their leadership.

Allen65 · Feb 6, 2016

A decision to do it would depend on what the working relationship is in general between the Gov's Office and the AG. On an issue that the AG is so dogmatically committed to, a contrary Amicus brief would be the equivalent of a middle finger to the AG because it would be undercutting the AG's credibility.

teratos · Feb 6, 2016

Jaybeez said:
id personally like to see the fop lodges in md file amicus briefs in our favor. the various members would have to convince their leadership.

Maybe Maryland Sheriffs? Most of the ones in the State are pro-2A. It would be nice if we could get the majority of them on board.

csanc123 · Feb 6, 2016

I wonder what Hogan would say if asked by a reporter what he thinks of the ruling and what he believes the state should do in response. (I imagine he would never say anything "supporting" the ruling given that as Gov, he is a defacto party in the litigation now).

Allen65 · Feb 6, 2016

Different Amicii (Amicuses?), different purposes. One from the Gov would hopefully inform the District Court that there is a genuine argument, even within the Executive Branch, over matters of fact and law concerning whether MSRs are protected and are not more dangerous than other types of firearms.

Briefs from working-level LE would be more to indirectly inform M&M and the rest of the Maryland Legislature that politically appointed police chiefs' directed testimony was not representative of the bulk of LE professionals, as a matter of public (court) record.

There's a legal aspect to this, a political aspect, and a public education aspect. All three need to be worked simultaneously and the rehearing gives us a forum.

Gryphon · Feb 6, 2016

Allen65 said:
A decision to do it would depend on what the working relationship is in general between the Gov's Office and the AG. On an issue that the AG is so dogmatically committed to, a contrary Amicus brief would be the equivalent of a middle finger to the AG because it would be undercutting the AG's credibility.

The AG has no credibility but that is beside the point. There is no reason or upside for Hogan to enter the fray. Hogan wouldn't file a brief because in addition to the finger he'd be giving to the AG, he'd be giving it to the legislature that passed this pile of dung in the first place. That fantasy isn't going to happen and Hogan has said as much. Hogan may be quietly hoping the statute is invalidated by the Court, because that will moot anyone's expectation that he join the fight, but I doubt he will say anything more than his office respects the decisions of the courts.

Allen65 · Feb 6, 2016

Gryphon said:
The AG has no credibility but that is beside the point. There is no reason or upside for Hogan to enter the fray. Hogan wouldn't file a brief because in addition to the finger he'd be giving to the AG, he'd be giving it to the legislature that passed this pile of dung in the first place. That fantasy isn't going to happen and Hogan has said as much. Hogan may be quietly hoping the statute is invalidated by the Court, because that will moot anyone's expectation that he join the fight, but I doubt he will say anything more than his office respects the decisions of the courts.

Agreed. But it would still be fun to see it happen, even if the probability is near zero, and these discussions have entertainment value.

danb · Feb 6, 2016

Maybe I'm wrong but i think en banc or Supreme Court hearing this at this stage is a longshot. I think Frosh will tilt at the windmill because he has to, but 1- the court's own precedent seems to require this result;2-its only a remand for more fact finding. The full court can let this percolate more before they take it. Plus, the dissent is not very persuasive.

Question on the Kolbe ruling

The #1 community for Gun Owners of the Northeast

Member Benefits:

Ultimate Member

President, MSI

Active Member

Active Member

TV Personality

Ultimate Member

Active Member

Ultimate Member

Ultimate Member

Ultimate Member

My hair is amazing

Ultimate Member

Ultimate Member

Ultimate Member

My hair is amazing

Ultimate Member

Ultimate Member

inveniam viam aut faciam

Ultimate Member

dont be a dumbass

Users who are viewing this thread

Log in

Forum statistics