esqappellate
President, MSI
- Feb 12, 2012
- 7,408
The petition in Guedes isn't even asking that much. Just that the DC Circuit can't rely on Chevron in this case and that they should do a de novo review, like the dissent.
bump stock cert petition filed in Codrea/Guedes
- Thread starter wolfwood
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The petition in Guedes isn't even asking that much. Just that the DC Circuit can't rely on Chevron in this case and that they should do a de novo review, like the dissent.
Kharn
Ultimate Member
So where is the smart money? Per curiam or dissent from denial?
danb
dont be a dumbass
The appellate court applied Chevron in this case, but the .gov expressly disavowed it. .gov did not want to win that way.
What we are getting is either a per curiam bitch slap (that was not the right standard, the rule of leniency was the correct standard...), or a dissent from denial of cert. Hard to predict this one (the odds are always in the favor is a denial rather than a PC remand since those are very rare).
What we are getting is either a per curiam bitch slap (that was not the right standard, the rule of leniency was the correct standard...), or a dissent from denial of cert. Hard to predict this one (the odds are always in the favor is a denial rather than a PC remand since those are very rare).
danb
dont be a dumbass
I cannot open the orders list. says the pdf file is unreadable.
I had to open in chrome
danb
dont be a dumbass
Chrome does not work for me either. Very odd.
danb
dont be a dumbass
ok, it opens on mobile.
Gorsuch says that cert denied because this is an "interlocutory" i.e. not a final decision. "The errors apparent in this preliminary ruling might yet be corrected before final judgement."
I missed, or forgot, that this was a prelim ruling. Yes, the court typically does not grant cert on interlocutory appeals. This is sort of a warning for the appeals & trial court to go back and correct itself while it can. He all but states outright: Chevron does not apply in this case when there are criminal sanctions. Go back to the drawing board.
Gorsuch says that cert denied because this is an "interlocutory" i.e. not a final decision. "The errors apparent in this preliminary ruling might yet be corrected before final judgement."
I missed, or forgot, that this was a prelim ruling. Yes, the court typically does not grant cert on interlocutory appeals. This is sort of a warning for the appeals & trial court to go back and correct itself while it can. He all but states outright: Chevron does not apply in this case when there are criminal sanctions. Go back to the drawing board.
Kharn
Ultimate Member
I had to save the target file to my hard drive, then open it.
Gorsuch says the instant case is flawed by Chevron, but may be corrected in final judgment, and opinions on bump stocks in other circuits would be beneficial to the Court, should they not have the same Chevron problem.
Gorsuch says the instant case is flawed by Chevron, but may be corrected in final judgment, and opinions on bump stocks in other circuits would be beneficial to the Court, should they not have the same Chevron problem.
Then this case is by no means over but trying to give some guidance to the courts in which way to go at the same time is how I am reading it.
I love the last sentence in the dissent:
"But waiting should not be mistaken for lack of concern."
I think that is a dig against the 9th CA.
"But waiting should not be mistaken for lack of concern."
I think that is a dig against the 9th CA.
This was the DC circuit. I read it that others on the court share the concern even though no one else put their name on his statement.
I understand. IIRC, it was the San Francisco case that emboldened the 9th circuit, because the SCOTUS did not say anything when it declined cert on the 30 round magazine ban petition.
Gorsuch, does not want the present court to feel emboldened either.
So... I guess we sit and wait... some more.
My guess is three more years.
It will probably take that long to pry RBG's desk from her cold dead hands.
On this particular issue perhaps which is separate from the 2A.
In the meantime Gorsuch signaled that other cases should be filed in other circuits.
https://www.dropbox.com/s/3qdk0ux06...vNBlN2HzlFa9d1BMpuUV59E80NVp3QUmOS5SVRvM-tNXo
we got the administrative record. It is 5000 pages. This is everything that you could want to know about bump stocks.
we got the administrative record. It is 5000 pages. This is everything that you could want to know about bump stocks.
Is this a homework assignment?
Blacksmith101
Grumpy Old Man
- Jun 22, 2012
- 22,266
Know where I can get the Cliff Notes version?
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