Lane Decision. Held: No standing

• Jun 3, 2013

• #21

Gambler

¿Got Freedom?

Oct 30, 2011

3,476

Parkville

The letter sent out moots nothing.

 

• Jun 3, 2013

• #22

J

JD-IAFF

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Mar 21, 2013

134

jrosenberger said:

That's because lack of standing was the only holding at the circuit level. They ruled that the plaintiffs lacked standing to sue in the first place, so they didn't reach the merits.

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True, but assuming SCOTUS grants cert (which I won't be holding my breath over), they won't reach the merits either. They'll remand based on standing and direct a rehearing.

 

• Jun 4, 2013

• #23

J

jrosenberger

Active Member

Jan 19, 2011

332

NH

JD-IAFF said:

True, but assuming SCOTUS grants cert (which I won't be holding my breath over), they won't reach the merits either. They'll remand based on standing and direct a rehearing.

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Yeah. I know. I was just pointing out why the cert petition only challenges standing. I see this as a potentially simple GVR. Basically, "Dearth is right, you're wrong, try again."

Whether there are 5 votes for that remains to be seen.

 

• Jun 4, 2013

• #24

esqappellate

President, MSI

Feb 12, 2012

7,408

jrosenberger said:

Well, maybe we'll get to find out if 5 justices also agree: http://gurapossessky.com/wordpress/wp-content/uploads/lane_cert_petition.pdf

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Good cert. petition. Hope the Court takes the case. I would not bet the rent money on it though.

 

• Sep 24, 2013

• #25

krucam

Ultimate Member

Dec 5, 2008

8,929

3rd Rock from the Sun...DFW, TX

SAF/Gura's Reply Brief in Lane was just received.

He aligns with the NRA v BATFE (TX handgun purchase prohibition for 18-20yo) and SAF's Dearth v Holder (US expatriate handgun purchase) in bring this case up and highlighting a circuit split in Gov't standing arguments against various cases.

 

Attachments

• 12-1401_reply_brief.pdf

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• Sep 26, 2013

• #26

J

jrosenberger

Active Member

Jan 19, 2011

332

NH

Distributed for conference on 10/11, same conference as Woolard.

 

• Oct 11, 2013

• #27

krucam

Ultimate Member

Dec 5, 2008

8,929

3rd Rock from the Sun...DFW, TX

Lane was listed as yesterday's 'Petition of the Day'....

http://www.scotusblog.com/2013/10/petition-of-the-day-489/

3 cases' fates being decided today...Woollard, Lane & Abramski.

 

• Oct 11, 2013

• #28

J

jrosenberger

Active Member

Jan 19, 2011

332

NH

krucam said:

Lane was listed as yesterday's 'Petition of the Day'....

http://www.scotusblog.com/2013/10/petition-of-the-day-489/

3 cases' fates being decided today...Woollard, Lane & Abramski.

Click to expand...

And based on my understanding of the schedule, Chardin and Shrader on 11/1.

 

• Oct 15, 2013

• #29

K

Kharn

Ultimate Member

Mar 9, 2008

3,579

Hazzard County

No decision on cert for Lane in today's orders, they must be holding or relisting it.

 

• Oct 15, 2013

• #30

A

Al Norris

Spud Head

Dec 1, 2010

746

Rupert, Idaho

... Or, misc. orders may come out in a day or two.

The easiest decision is to cite the relevant decision(s) on standing and GVR.

 

• Oct 15, 2013

• #31

esqappellate

President, MSI

Feb 12, 2012

7,408

Al Norris said:

... Or, misc. orders may come out in a day or two.

The easiest decision is to cite the relevant decision(s) on standing and GVR.

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That would be most unusual. The Court usually does not do a GVR in the absence of a case that it just decided. Here, if it were that clear, it would be summary reversal. That happens but it is a slap at a court of appeals, usually reserved for the 9th circuit. Let's see if the case is relisted in the Court's calendar. Perhaps one Justice expressed interest and they may simply not had time to get to it.

 

• Oct 15, 2013

• #32

H

hvymax

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Apr 19, 2010

14,011

Dentsville District 28

Americans have no standing against the Domestic Enemies.

 

• Oct 18, 2013

• #33

R

ryan_j

Ultimate Member

Aug 6, 2013

2,264

Any updates on this? Did we know what happened?

 

• Oct 18, 2013

• #34

MJD438

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Feb 28, 2012

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ryan_j said:

Any updates on this? Did we know what happened?

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Latest orders on the SCOTUS website (http://www.supremecourt.gov/orders/ordersofthecourt.aspx?Term=13) are from 15OCT2013, which contains no reference to Lane.

 

• Oct 19, 2013

• #35

P

press1280

Ultimate Member

Jun 11, 2010

7,912

WV

MJD438 said:

Latest orders on the SCOTUS website (http://www.supremecourt.gov/orders/ordersofthecourt.aspx?Term=13) are from 15OCT2013, which contains no reference to Lane.

Click to expand...

Probably will show up at the next conference.

 

• Oct 21, 2013

• #36

K

Kharn

Ultimate Member

Mar 9, 2008

3,579

Hazzard County

No reference to Lane in today's orders.

 

• Oct 22, 2013

• #37

Boxcab

MSI EM

MDS Supporter

Feb 22, 2007

7,910

AA County

Interesting...

 

• Oct 27, 2013

• #38

A

Al Norris

Spud Head

Dec 1, 2010

746

Rupert, Idaho

Next conference date is on Nov. 1st. Orders will most likely be published on Nov. 4th.

 

• Nov 4, 2013

• #39

krucam

Ultimate Member

Dec 5, 2008

8,929

3rd Rock from the Sun...DFW, TX

STILL nothing on 12-1401 Lane in today's Orders.

http://www.supremecourt.gov/orders/courtorders/110413zor_bj37.pdf

 

• Nov 4, 2013

• #40

K

Kharn

Ultimate Member

Mar 9, 2008

3,579

Hazzard County

Is it odd that Lane has not been relisted for other conferences? The per curiam and the statement re denial of cert cases from today were both relisted to multiple conferences.