SCOTUS Rule 10?
SCOTUS RULE 10 - The Court's own internal guidance on how it decides to grant Cert. It is not binding. SCOTUS can grant Cert to whatever case garners four (4) votes.
Which five would do it for your case?
I dunno, for some reason I just get the feeling Paul Clement's briefs and O'Scannlain's panel opinion will have a bit more sway for the same five people.
It doesn't help that the friendly venues tend to have nothing of relevance to challenge. You can't challenge a carry ban where there isn't one.
(Sent with Tapatalk, so apologies for the lackluster formatting)
Clement and Gura sure have filed a lot of cert petitions between them and all of them have been denied.
I guess you have not heard of Heller or McDonald. Both were filed by Gura. SCOTUS accepted both petitions.
The court won't just read the en banc opinion, they'll even read the district court's. The en banc dissents and the panel opinion would guide the bulk of the majority opinion if they were to reverse.
How many quills do you have, again?
You mean Heller, which clearly stated that concealed carry is not a right and McDonald which applied the Second Amendment right defined in Heller against the states?
Peruta is yet another concealed carry appeal. The justices won't care if the cert petition is delivered with hookers and blow. The cert petition is dead on arrival.
Gura isn't part of Peruta, Clement has been the counsel of record since reaching the 9th.I mean the Heller and McDonald cases, which Gura petitioned, and SCOTUS accepted. Since you can't seem to even understand Gura was the lawyer, it is not surprising you don't know what it actually said. While it is true that many courts rejected a concealed carry argument, the rational had to do with it being considered criminal behavior. The 9th circuit confirmed this in their first ruling. In today's society it is not considered criminal behavior and is protected by 2A.
Gura failed to argue this in the en banc. He lost the en banc hearing because of this. SCOTUS is not likely to grant the petition because of this.
Gura isn't part of Peruta, Clement has been the counsel of record since reaching the 9th.
Clement and Gura sure have filed a lot of cert petitions between them and all of them have been denied.
O'Scannlain's panel opinion is irrelevant to the Peruta cert petition. The opinion which will be attached to the Peruta (and possibly Richards) cert petition will be the en banc panel decision of which O'Scannlain was not a member.
If you are going to cast dispersion, you should first learn how things work.
Well, not quite correct. The petition for cert will have *both* the en banc opinion and the panel opinion attached. Been there. And the panel opinion is not irrelevant, as the petition will most certainly rely on it.
The court can dig through every doghouse of records it wants to but we both know that it is the eleven judge en banc panel decision which is being appealed and not the vacated three judge panel decision and not the district court decision.
And given that the en banc panel decision in Peruta v. San Diego/Richards v. Prieto does not create a split with any Federal appellate decision or state high court decision, and certainly doesn't conflict with any US Supreme Court decision, it will meet with the same fate as every other concealed carry cert petition.
CERT DENIED.
I would be interested in reading one of your "been there done that" cert petitions where you attached both the en banc decision and the three judge panel decision to your cert petition.
Feel free to post your cert petition here for everyone to read.
The court can dig through every doghouse of records it wants to but we both know that it is the eleven judge en banc panel decision which is being appealed and not the vacated three judge panel decision and not the district court decision.
And given that the en banc panel decision in Peruta v. San Diego/Richards v. Prieto does not create a split with any Federal appellate decision or state high court decision, and certainly doesn't conflict with any US Supreme Court decision, it will meet with the same fate as every other concealed carry cert petition.
CERT DENIED.
I would be interested in reading one of your "been there done that" cert petitions where you attached both the en banc decision and the three judge panel decision to your cert petition.
Feel free to post your cert petition here for everyone to read.