Kolbe v O'Malley being Appealed to CA4

[Brooklyn]

Holy hell folks.. I told you he would need to do this..its all noise.

 

[annihilation-time]

I find it hard to believe Hogan would push to do anything more to restrict our rights. Brown has been pounding the gun control drum hard and Hogan has to placate voters on the issue, since it's one of the few inflammatory issues that might increase turnout for Brown.

But saying SB-281 "doesn't go far enough" is going too far. I am willing to tolerate some spin but am rather disgusted at that statement. And now of course Brown is using it to his advantage and accusing Hogan of flip-flopping.

I think Hogan was specifically referring to expanding background checks and Maryland reporting to NICS. He wasn't referring to gun bans or restrictions.

 

[fightinbluhen51]

We now return you to lawsuit discussion...

 

[Mr H]

I find it hard to believe Hogan would push to do anything more to restrict our rights. Brown has been pounding the gun control drum hard and Hogan has to placate voters on the issue, since it's one of the few inflammatory issues that might increase turnout for Brown.

But saying SB-281 "doesn't go far enough" is going too far. I am willing to tolerate some spin but am rather disgusted at that statement. And now of course Brown is using it to his advantage and accusing Hogan of flip-flopping.

If I had to put a nickel down, it would be that there is more coming to this comment, regarding specific items the 2A community wanted in FSA13 and didn't get.

Most of us know what they are, and speculating here won't help a bit.

/threadjack

 

[Mr H]

In fact, most of these off-topic posts should either be removed or relocated to the debate thread in the WC.

 

[Blacksmith101]

I positively know what Brown will try to do, out infringe OweMalley (and out tax, regulate, giveaway, etc). Anything less than that gets my vote.

 

[MdPrep]

With Chief Justice John Roberts presiding over the 4th Circuit Court of Appeals and with a 5-4 vote, the Roberts bench showed that 2nd Amendment rights extends from federal law into State and city limits.

If they use the SC's decision from 2010, a decision to throw it back down to the lower courts for better clarification could be in order or they could uphold the 2010 language in the SC and force repeal of SB281.

I'm not a lawyer or expert; I only play one on TV.

Source: http://www.outsidethebeltway.com/supreme-court-holds-2nd-amendment-applies-to-the-states/

 

[Abulg1972]

With Chief Justice John Roberts presiding over the 4th Circuit Court of Appeals and with a 5-4 vote, the Roberts bench showed that 2nd Amendment rights extends from federal law into State and city limits.



If they use the SC's decision from 2010, a decision to throw it back down to the lower courts for better clarification could be in order or they could uphold the 2010 language in the SC and force repeal of SB281.



I'm not a lawyer or expert; I only play one on TV.



Source: http://www.outsidethebeltway.com/supreme-court-holds-2nd-amendment-applies-to-the-states/

Justice Roberts is the Chief Justice of the SCOTUS, not the 4th Circuit. The 4th Circuit is only slightly less liberal than Karl Marx, so .... There is literally a 0.4% chance that the 4th Circuit reverses Judge "I Make a up My Own Facts". It might object to her factual "findings" and send it back down to her for more fact finding, but to think that the 4th Circuit is going to repeal SB281 is like that saying ... If wishes were horses, beggars would ride. And to hope that the SCOTUS is going to take up a plain vanilla assault weapons/high cap magazine law is just as crazy. It ain't going to happen.


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[Brooklyn]

Ok I give up. John Paul Stevens.

 

[emnsb]

.............

 

[Brooklyn]

There is a reason we don't need their help.
There is a reason I did not get into why.

Google those terms. Then you may want to edit your post

 

[krucam]

Plaintiffs have filed their Opening Brief, dated Tuesday 11/4. 2A & 10A arguments, the 10A being retired LEO exemptions from enforcement of the Act.

Mr Sweeney makes a good case IMHO of identifying "protected arms" being those in common use, carrying that down to AR's, AK's and standard capacity magazines.

 

[moojersey]

Just out of curiousity ... does the election impact this lawsuit ? And will the case be renamed Kolbe vs. Hogan ???

 

[Inigoes]

Just out of curiousity ... does the election impact this lawsuit ? And will the case be renamed Kolbe vs. Hogan ???

Hogan will have hire a special lawyer, to keep Frosh out of the mix.

That twist would make this case even more interesting

 

[krucam]

Hogan will have hire a special lawyer, to keep Frosh out of the mix.

That twist would make this case even more interesting

Having an architect of the challenged law acting as counsel defending the law....that would be interesting but probably won't happen.

 

[teratos]

Having an architect of the challenged law acting as counsel defending the law....that would be interesting but probably won't happen.

Whew!

 

[bobthefisher]

If the CA4 finds SB281 unconstitutional and Hogan redefines G&S in MD, 2015 could be a very good year.

Hopes and dreams, hopes and dreams... I need a falling star!

 

[esqappellate]

Having an architect of the challenged law acting as counsel defending the law....that would be interesting but probably won't happen.

To the contrary, that is exactly what will happen. There is no conflict. Don't forget that the AG is a separately elected official from the Gov.

 

[krucam]

To the contrary, that is exactly what will happen. There is no conflict. Don't forget that the AG is a separately elected official from the Gov.

No precedent/requirement for recusal? I personally would love to have the "rookie" appellate attorney go against Sweeney...

 

[esqappellate]

No precedent/requirement for recusal? I personally would love to have the "rookie" appellate attorney go against Sweeney...

Nope. Why would he be recused? Certainly not because he helped pass a law that the State is now defending. No conflict of interest there. But, I doubt that Frosh would do the argument. Appellate argument calls for a unique skill set, plainly not his forte. He would be wise to to let senior counsel in his office handle argument.