No but with Kavanaugh on the Court the chances of the 4 vote requirement for a Cert grant go up.
No but with Kavanaugh on the Court the chances of the 4 vote requirement for a Cert grant go up.
Is "urgency or the need" an additional requirement or an addition avenue? I'm reading it as an "or" not an "and".
But I am far from well versed in legalese.
That's not really accurate. Rhode Island's is less of a two-tiered system and more lie two parallel systems, neither of which make a resident vs. non-resident distinction.R.I. has a two tier system. Non-residents have to go through the AG and there is a “justifiable need” component. For residents, if I recall the town permit is shall issue (“need” is not required), but they can slow walk it or add shit like mental health tests.
If Hawaii comes in with a legislative scheme undone . . . there is a very high chance of . . . SCOTUS . . . Affirming the CA9 Panel decision since it was so egregious.
I don't understand the nuances of courts/appeals...
What guarantee is there that SCOTUS would agree to hear it? They seem to turn down most 2A petitions/whatever.
Sorry, sir, I do not understand at all. Could you elaborate on the following two points, please?
1: What is a legislative scheme undone?
2: What makes the Panel decision egregious? Wasn't O'Scannlain's decision well within Constitutional limits?
1. For an open carry license needing to show that one “is engaged in the protection of life and property” and their saying that only means police and security folks.
2. ‘It’ was not the Panel decision, rather the Hawaii scheme. Sorry, the sentence was written poorly...
I understand now.
Thank you.
Whomever loses at the Federal District Court (where trials take place), of right may appeal to the Circuit Court of Appeals, in this case, the 9th Circuit, which covers HI. The Circuit Court of Appeals must take the appeal.
The 9th Circuit Court of Appeals has 29 active judges. All 29 do not, however, hear every appeal. Groups of 3 judges hear the appeals. When someone loses before the 3 judge panel, which HI just did, the loser may petition the court to have all 29, sitting en banc, hear their appeal. This rehearing en banc is not a right that the loser has. The court may choose whether or not it hears the appeal en banc.
If the en banc hearing is denied, the loser may appeal to the SCOTUS, which, as we know, takes very few cases.
If the circuit grants an en banc hearing, then the parties go at it again, this time in front of the full Circuit Court of Appeals. In Woollard, Woollard lost before the 3 judge panel, and the full 4th Circuit Court of Appeals refused Woollard's petition to hear the case en banc.
The en banc looser may appeal to the SCOTUS, which, as stated above, takes very few cases.
When there is a conflict between circuits, we get different law in different places. Such a conflict may be resolved when the SCOTUS takes a case that reconciles the differences.
So where do residents of CA9 sit now? The ruling didn’t seem to be a PI. Was the law struck down? Can residents of Hawaii OC until a new law is passed?
Whomever loses at the Federal District Court (where trials take place), of right may appeal to the Circuit Court of Appeals, in this case, the 9th Circuit, which covers HI. The Circuit Court of Appeals must take the appeal.
The 9th Circuit Court of Appeals has 29 active judges. All 29 do not, however, hear every appeal. Groups of 3 judges hear the appeals. When someone loses before the 3 judge panel, which HI just did, the loser may petition the court to have all 29, sitting en banc, hear their appeal. This rehearing en banc is not a right that the loser has. The court may choose whether or not it hears the appeal en banc.
If the en banc hearing is denied, the loser may appeal to the SCOTUS, which, as we know, takes very few cases.
If the circuit grants an en banc hearing, then the parties go at it again, this time in front of the full Circuit Court of Appeals. In Woollard, Woollard lost before the 3 judge panel, and the full 4th Circuit Court of Appeals refused Woollard's petition to hear the case en banc.
The en banc looser may appeal to the SCOTUS, which, as stated above, takes very few cases.
When there is a conflict between circuits, we get different law in different places. Such a conflict may be resolved when the SCOTUS takes a case that reconciles the differences.
motion to extend time filed