Kolbe v O'Malley being Appealed to CA4

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  • RepublicanJD

    Active Member
    Jul 16, 2014
    249
    AA County
    I try not to get overly confident, but I am impressed with this brief. Really, how could the court NOT find in our favor? Even if I wasn't a gun owner and did not have a dog in the fight, this makes sense. Seems like the state didn't make its case.

    The 4th Circuit is not full of the smartest Judges. More often than not they will uphold the lower court decision. I've had one case decided there and a few more on the way. Don't read too much into the brief.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,485
    Westminster USA
    I try not to get overly confident, but I am impressed with this brief. Really, how could the court NOT find in our favor? Even if I wasn't a gun owner and did not have a dog in the fight, this makes sense. Seems like the state didn't make its case.

    Yep. This is the same court who overturned Judge Legg in Wollard. How could they do it?

    They did it. No predicting what they will do.
     

    Maverick0313

    Retired and loving it
    Jul 16, 2009
    9,183
    Bridgeville, DE
    Just checked..."the identity of the assigned panel is released on the morning of oral argument" so we won't know the panel make up until the day of. For concealed carry, we only had Obama and Clinton appointees.

    There are 17 judges...

    Reagan appointees - 3
    HW Bush appointees - 2
    Clinton appointees - 4
    W appointees - 3
    Obama appointees -5 (scary isn't it...)

    That makes 8 republican appointees and 9 democrat appointees from which a 3 member panel will be named. Want to run the probability analysis that we "randomly" get a friendly panel (defined as at least 2 of the 3 being republican appointees)?

    :party29::innocent0
     

    abean4187

    Ultimate Member
    Apr 16, 2013
    1,327
    Just checked..."the identity of the assigned panel is released on the morning of oral argument" so we won't know the panel make up until the day of. For concealed carry, we only had Obama and Clinton appointees.

    There are 17 judges...

    Reagan appointees - 3
    HW Bush appointees - 2
    Clinton appointees - 4
    W appointees - 3
    Obama appointees -5 (scary isn't it...)

    That makes 8 republican appointees and 9 democrat appointees from which a 3 member panel will be named. Want to run the probability analysis that we "randomly" get a friendly panel (defined as at least 2 of the 3 being republican appointees)?

    Being appointed by a Republican in no way means they are pro gun. We have been burned multiple times by Republican judges.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Does this also challenge all of FSA2013?

    IE, the asinine HQL requirement?

    No, just the banned items. There is a separate, pending case against the HQL.
    Cases like these are extremely expensive and resource intensive.
     

    OEH

    Active Member
    Nov 18, 2010
    353
    29B
    No, just the banned items. There is a separate, pending case against the HQL.
    Cases like these are extremely expensive and resource intensive.

    Does anyone have updated information on the HQL case? I looked at the Michel and associates site but it looked like it was dismissed last fall. I have not been able to follow the cases as closely lately so I'm trying to catch up.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Does anyone have updated information on the HQL case? I looked at the Michel and associates site but it looked like it was dismissed last fall. I have not been able to follow the cases as closely lately so I'm trying to catch up.

    The HQL case is on hold at this time.
     

    BradyWarrior

    Banned
    BANNED!!!
    Dec 13, 2014
    1,206
    Maryland
    Just checked..."the identity of the assigned panel is released on the morning of oral argument" so we won't know the panel make up until the day of. For concealed carry, we only had Obama and Clinton appointees.

    There are 17 judges...

    Reagan appointees - 3
    HW Bush appointees - 2
    Clinton appointees - 4
    W appointees - 3
    Obama appointees -5 (scary isn't it...)

    That makes 8 republican appointees and 9 democrat appointees from which a 3 member panel will be named. Want to run the probability analysis that we "randomly" get a friendly panel (defined as at least 2 of the 3 being republican appointees)?

    Assuming a selection without bias.......20.5%
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,918
    WV
    Keep in mind, this model would only apply to a situation without bias, like if they picked names from a hat.

    ((8/17)*(7/16)*(6/15))+((8/17)*(7/16)*(9/15)) = .2058

    Yea I would have thought closer to 40%. Remember J Harvie Wilkinson (Reagan appointee) isn't on our side and his opinion in Masciandaro has basically been followed more faithfully than Heller/McDonald. He was the one who basically said it's better to dodge the whole outside the home question so they wouldn't be held responsible for acts of violence. Pure cop out IMO.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Keep in mind, this model would only apply to a situation without bias, like if they picked names from a hat.

    ((8/17)*(7/16)*(6/15))+((8/17)*(7/16)*(9/15)) = .2058

    Looks wrong

    Kcbrown. Paging kcbrown

    I seams to me is chose 3 from 17 with out replacement. Then the chance of each being pro vs anti would be a moving ratio.. so it would not be independent.

    But it would not change much..

    Each good pick would lower the odds of another good pick since the pool is smaller, but its not a big drop. I bet we could just use a moving average.

    Now a good result was at least 2 good picks..

    I think you are doing independent probability..

    Its got to be combinatorial

    Chose 3 out of 17. Without replacement... that's the denominator..

    The numerator i is I think that number * probability ( moving average lets say)

    That there is only one..

    I think we need to monty Carlo it..

    But I can't see how to do it with at least one chose function..

    Help kcbrown...
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Ratio of chose functions.. chose 2 out of 8 Republican and 1 out of 9 d without replacement.

    Chose 3 out of 17 without replacement.. that the denominator.

    Then its the r chose above / that denominator. The Democrat chose function / that denominator

    Then I think those to results get * Inpependent probability..

    Help kcbrown ;)
     

    Tyeraxus

    Ultimate Member
    May 15, 2012
    1,165
    East Tennessee
    Keep in mind, this model would only apply to a situation without bias, like if they picked names from a hat.

    ((8/17)*(7/16)*(6/15))+((8/17)*(7/16)*(9/15)) = .2058

    I think it's right for a random draw. First set is "all three are R appointees" and second set is "2Rs and 1D." The declining denominator in the two sets shows the "section without replacement."
     

    mH3NO

    Member
    Jan 27, 2013
    2
    Just checked..."the identity of the assigned panel is released on the morning of oral argument" so we won't know the panel make up until the day of. For concealed carry, we only had Obama and Clinton appointees.

    There are 17 judges...

    Reagan appointees - 3
    HW Bush appointees - 2
    Clinton appointees - 4
    W appointees - 3
    Obama appointees -5 (scary isn't it...)

    That makes 8 republican appointees and 9 democrat appointees from which a 3 member panel will be named. Want to run the probability analysis that we "randomly" get a friendly panel (defined as at least 2 of the 3 being republican appointees)?

    I know this isn't a math forum, but I just read all this and the discussion went on so long I feel the need to post the right answer... so if anyone still cares:

    45.59%. Not going to include a proof, but it can be validated with a few lines of code.
     

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