4th Circuit decision in Kolbe on AWB

Mr H · Feb 4, 2016

IIRC, the Gov can choose not to fund a particular action??

psusra112 · Feb 4, 2016

Mr H said:
IIRC, the Gov can choose not to fund a particular action??

False. The state reps can choose to not fund an action via a legislative act. Gov can't de-obligate funds that have already been allocated for the AG's budget.

In other words, we need to get Frosh out of office.

Kharn · Feb 4, 2016

So what's the next step?
Is Frosh able to appeal the current ruling to the Supreme Court, or must he want for the District to implement this ruling?

RepublicanJD · Feb 4, 2016

Kharn said:
So what's the next step?
Is Frosh able to appeal the current ruling to the Supreme Court, or must he want for the District to implement this ruling?

He can appeal to SCOTUS, but he won't. He'll request a rehearing in front of a larger panel of Judges at the 4th Circuit. If he loses again, he'll allow the case to be remanded before bringing it all the way up to SCOTUS. The case simply isn't ready to be heard by SCOTUS at this point. USDC needs to apply the new scrutiny first.

steveh326 · Feb 5, 2016

iH8DemLibz said:
I think this is the gun control case Justice Roberts has been keeping his powder dry for.

I see a YUGE win if it goes to SCOTUS.

I am afraid it might depend on who the next potus is that gets to appoint a couple new scotus judges.

ezracer · Feb 5, 2016

iH8DemLibz said:
I think this is the gun control case Justice Roberts has been keeping his powder dry for.

I see a YUGE win if it goes to SCOTUS.

The present SCOTUS has not issued very good conservative/Constitutional rulings of late. The next SCOTUS???? Who knows??!!

Please vote in the next election. No one is perfect. Even if your presidential pick does not make it, please vote ( conservative ) anyway!!!! Don't stay home.
We MUST win the next election. :thumbsup:

The country is swirling the bowl......rapidly!!

Laddertowr · Feb 5, 2016

Question : is it up to Frosh if the state moves forward or can Hogan place Frosh on a leash on this. Could be a ace up the sleeve for Hogan to get bills passed that he wants.

RoboRay · Feb 5, 2016

It's up to Frosh. In this silly state, the Governor doesn't have a say in what the AG does.

MDFF2008 · Feb 5, 2016

Laddertowr said:
Question : is it up to Frosh if the state moves forward or can Hogan place Frosh on a leash on this. Could be a ace up the sleeve for Hogan to get bills passed that he wants.

In Maryland the AG is independently elected and operates independently from the Governor.

press1280 · Feb 5, 2016

RepublicanJD said:
He can appeal to SCOTUS, but he won't. He'll request a rehearing in front of a larger panel of Judges at the 4th Circuit. If he loses again, he'll allow the case to be remanded before bringing it all the way up to SCOTUS. The case simply isn't ready to be heard by SCOTUS at this point. USDC needs to apply the new scrutiny first.

IANAL but I'm curious if this may be the case that SCOTUS IS looking for because as it stands now, even if they agree with the opinion, they wouldn't be overturning the law, simply ruling on scrutiny which is something the lower courts are always struggling with. It's an opportunity to steer the lower courts in the proper direction w/o having to take responsibility (directly) for evil rifles causing blood in the streets.

RepublicanJD · Feb 5, 2016

press1280 said:
IANAL but I'm curious if this may be the case that SCOTUS IS looking for because as it stands now, even if they agree with the opinion, they wouldn't be overturning the law, simply ruling on scrutiny which is something the lower courts are always struggling with. It's an opportunity to steer the lower courts in the proper direction w/o having to take responsibility (directly) for evil rifles causing blood in the streets.

I understand that logic, but that's not how these things work. Once the USDC has applied both intermediate and strict scrutiny to the case then it will go up.

press1280 · Feb 5, 2016

RepublicanJD said:
I understand that logic, but that's not how these things work. Once the USDC has applied both intermediate and strict scrutiny to the case then it will go up.

Then why is Frosh talking about appealing en banc and SCOTUS?

Blacksmith101 · Feb 5, 2016

steveh326 said:
I am afraid it might depend on who the next potus is that gets to appoint a couple new scotus judges.

After reading Chief Judge Traxler's bio I wonder if he might be on the short list of potential judges if a conservative gets elected President? He might be all right with the Senate Democrats because of the Clinton connection.

RepublicanJD · Feb 5, 2016

press1280 said:
Then why is Frosh talking about appealing en banc and SCOTUS?

SCOTUS is coming. No doubt about it. Timing is the issue. Also, he's a politician. He is pandering to his base voters.

press1280 · Feb 5, 2016

Blacksmith101 said:
After reading Chief Judge Traxler's bio I wonder if he might be on the short list of potential judges if a conservative gets elected President? He might be all right with the Senate Democrats because of the Clinton connection.

I think he was originally nominated to the Federal bench by Bush 41 and elevated to CA4 by Clinton.

press1280 · Feb 5, 2016

RepublicanJD said:
SCOTUS is coming. No doubt about it. Timing is the issue. Also, he's a politician. He is pandering to his base voters.

The case can go forward though regarding the panel's findings (strict scrutiny), not the underlying law since the court didn't strike it down.

wolfwood · Feb 5, 2016

RepublicanJD said:
I understand that logic, but that's not how these things work. Once the USDC has applied both intermediate and strict scrutiny to the case then it will go up.

Why? I don't see why a writ can't be filed and granted with SCOTUS based on this opinion.

kcbrown · Feb 5, 2016

wolfwood said:
that's great I wonder what kcbrown will have to say about this

Firstly: woohoo!
Secondly: It's about damned time a Democrat appointee at the appellate level had the integrity to side with the right for a change.
Thirdly: it means we can no longer count on the Democrat appointees to side against the right (a very good thing), which at least introduces some uncertainty into future predictions.
Fourthly: I think we can expect the case to be reversed en banc, but that'll depend greatly on how many Democrat appointees like Traxler there are on the 4th Circuit, versus ones like King (all but explicitly proclaiming that the court would bear responsibility for the next mass shooting? Really?). I haven't yet figured out a good way to determine that, at least without extensive research.

And finally: woohoo!!

wolfwood · Feb 5, 2016

Heller II did not go en banc. That appeal actually enjoined 4 laws. I'd be surprised if this gets overturned en banc

RepublicanJD · Feb 5, 2016

wolfwood said:
Why? I don't see why a writ can't be filed and granted with SCOTUS based on this opinion.

You're not wrong. It could be. Why do it now only to have it remanded at that level? What if USDC applies strict scrutiny and decides the law still stands? SCOTUS won't want to hear it yet. Better to go back down and all the way back up for Frosh.

4th Circuit decision in Kolbe on AWB

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