No, it can't.
Rooker-Feldman Doctrine.
The pistol permit judges are not directly acting in their judicial capacity. Mueller did not go to the appellate division for the NJ Courts. He was denied the license by the pistol license judge. They are NOT acting in their judicial capacities when...
Almeida doesn't know what he's talking about. Even if the NJSC denies cert on their end, Evan Nappen & SAF can file a cert with SCOTUS. Also, US Courts of Appeal are not appellate courts for state courts.
Involving the 3rd Circuit is stupid because Drake v. Filko controls the 3rd Circuit...
Not a bill, an amendment to a budget bill.
It's really simple: Any attempt to pass an independent bill that President Obama can veto and have both houses sustain the override isn't worth doing, it's a lot of hot air, for nothing, at all. It's all about scoring for an NRA A rating rather than...
Sorry to poke a hole in your victim-hood narrative, but any person with any understanding of the Proposition 22/Proposition 8 legal fight in California knows that with the exception of the 5 month period between June and November of 2008, the gay couples in California could not get married in...
We have sheriff's in California saying that they do not have to issue licenses for self defense good cause because the case is not "final" and "the ruling is not in force yet", and therefor they are still refusing to issue licenses. They are saying that the "date of mandate" is when they'll...
esqappellate, given that San Diego and Sheriff Gore is not appealing, what is the real chances of a call by a judge to go en banc (which would require a vote)? I've heard of situations where neither side asked for en banc but the government won and then there was a call for a vote. I haven't...
Viera is mostly wrong for numerous reasons. The Bill of Rights were about individual rights, not about states rights (with the exception of part of the 10th Amendment). Not once did he mention Alan Gura, or the current legal situations involving Heller & McDonald and the future carry cases...
IL does not have a pocket veto. If the Leg passes it, and the Gov doesn't sign it, it becomes law without his signature. The home rule hurdle & the veto override hurdle is exactly the same amount of votes.
In 180 days, you will be able to carry in IL with a FOID, or a home state carry...
Now scheduled for December 6th at 9AM in the 9th Circuit Courthouse (Browning Courthouse) in San Francisco.
Luckily for you folks, Southwest Airlines fired the first salvo in an airfare war, so you might be able to get a flight from IAD, DCA, or BWI for cheap to San Francisco. I also suggest...
We'll see when Moore comes down, but there's no indication that he's going to defy SCOTUS on the matter. With the 7th Circuit decision in McDonald, they had precedent in their circuit plus it was clear that the Chief Judge wanted it decided quickly (it was decided within a week to leapfrog it...
It's pretty clearly a hail mary pass plus an easy fees case. If you look at the judicial assignments in Santa Ana office of CACD, you'd see a very strong Republican appointed tilt (though Republican appointed doesn't mean pro-gun, though so far all of the Clinton/Obama/Carter appointees have...