Kolbe en banc decision

motorcoachdoug · Nov 9, 2017

I am wondering if it was "rescheduled" due to what happened because of the shooting in Texas? IMHO I believe that to be the case. What do you think???

:thumbsup:

DC-W · Nov 9, 2017

We saw Peruta rescheduled (at least, iirc) twice before being relisted.

press1280 · Nov 9, 2017

It shouldn't matter as far as the Constitutionality of the statute goes. Of course IMO the court is very much influenced by public perception.

But this seems more to me a sign someone on the court is looking very hard at this case. I think Peruta was also rescheduled several times and although it didn't get cert, it did get a dissent.

I'm still not entirely clear of the rescheduled vs. Relisted difference or if there really is one.

rockstarr · Nov 9, 2017

im really hoping hard for this to be heard by the court.

jcutonilli · Nov 9, 2017

DC-W said:
We saw Peruta rescheduled (at least, iirc) twice before being relisted.

press1280 said:
It shouldn't matter as far as the Constitutionality of the statute goes. Of course IMO the court is very much influenced by public perception.

But this seems more to me a sign someone on the court is looking very hard at this case. I think Peruta was also rescheduled several times and although it didn't get cert, it did get a dissent.

I'm still not entirely clear of the rescheduled vs. Relisted difference or if there really is one.

https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-894.htm

It was rescheduled (planned on discussing it at one conference but decided to discuss it at another conference) 4 times.
It was relisted (discussed a conference but no resolution was determined) 8 times

DC-W · Nov 9, 2017

jcutonilli said:
https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-894.htm

It was rescheduled (planned on discussing it at one conference but decided to discuss it at another conference) 4 times.
It was relisted (discussed a conference but no resolution was determined) 8 times

danb · Nov 10, 2017

Rescheduled might merely mean the usual suspects are writing a dissent from denial of cert.

we'll see.

pcfixer · Nov 10, 2017

danb said:
Rescheduled might merely mean the usual suspects are writing a dissent from denial of cert.

we'll see.

Probably at least 4 descents! :mad54:

jcutonilli · Nov 10, 2017

danb said:
Rescheduled might merely mean the usual suspects are writing a dissent from denial of cert.

we'll see.

pcfixer said:
Probably at least 4 descents!

That is not what it means because it needs to go to a conference before that determination is made. All it means is that one justice wants more time before they discuss it.

You cannot get 4 descents because 4 is the number of justices necessary to grant cert. If 4 justices want to hear the case it is granted.

danb · Nov 10, 2017

jcutonilli said:
That is not what it means because it needs to go to a conference before that determination is made. All it means is that one justice wants more time before they discuss it.

You cannot get 4 descents because 4 is the number of justices necessary to grant cert. If 4 justices want to hear the case it is granted.

Rescheduled before conference, not relisted? There has been a lot of that.

Gorsuch is reviewing petitions on his own, not using the pool. Might be gumming up the works.

GTOGUNNER · Nov 10, 2017

danb said:
Rescheduled before conference, not relisted? There has been a lot of that.

Gorsuch is reviewing petitions on his own, not using the pool. Might be gumming up the works.

That is a good thing. Not necessarily reviewing on his own, more like his own clerks not part of the pool (swamp).

danb · Nov 10, 2017

GTOGUNNER said:
That is a good thing. Not necessarily reviewing on his own, more like his own clerks not part of the pool (swamp).

Only if he can convince 4 other people he found a gold nugget rather than pyrite. Otherwise he is really just gumming up the works.

press1280 · Nov 10, 2017

Anything other than a cert denied is a small victory imo

Blacksmith101 · Nov 11, 2017

danb said:
Only if he can convince 4 other people he found a gold nugget rather than pyrite. Otherwise he is really just gumming up the works.

I don't believe Thomas is part of the pool either.

jcutonilli · Nov 11, 2017

Blacksmith101 said:
I don't believe Thomas is part of the pool either.

Thomas is part of the pool. Alito and Gorsuch are not part of the pool.

https://en.wikipedia.org/wiki/Cert_pool

Blacksmith101 · Nov 11, 2017

jcutonilli said:
Thomas is part of the pool. Alito and Gorsuch are not part of the pool.

https://en.wikipedia.org/wiki/Cert_pool

Thanks for the correction I knew Gorsuch wasn't the only one.

pcfixer · Nov 13, 2017

http://thefederalist.com/2017/11/09/supreme-court-takes-gun-control-case-decision-will-huge/

SCOTUS
If The Supreme Court Takes This Gun Control Case, Its Decision Will Be Huge
When the Supreme Court meets today to discuss pending petitions for review, the justices’ conference calendar will include a pivotal Second Amendment case.

I'd say very interesting commentary! To say the least.

pcfixer · Nov 13, 2017

Nov 13 2017
DISTRIBUTED for Conference of 11/21/2017.

clandestine · Nov 13, 2017

I'm terrified based on the current makeup of the court. We need one more conservative, two would be better.

krucam · Nov 13, 2017

clandestine said:
I'm terrified based on the current makeup of the court. We need one more conservative.

Likewise. This is not the time for this case after Las Vegas and Sutherland. The conservatives won't get a 5th vote. Hell, the liberal side may just take the case to affirm it and may have the 5th vote to do it...

Kolbe en banc decision

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