En banc Decision in Peruta -- a loss

krucam said:

Peruta made ScotusBlog Petition of the Day on Wednesday.

http://www.scotusblog.com/2017/03/petition-of-the-day-1119/

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esqappellate said:

Well, it is set for Friday's conference (03/24). So Monday should be interesting.

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Peaceful John said:

How many votes would it take to result in relisting?

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esqappellate said:

That's a state secret. Seriously all it takes is one. At least initially The court is collegial. If one requests more time then that request is honored

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GlocksAndPatriots said:

Unless of course, the 4 liberals don't want to allow the other 4 to wait for Gorsuch to be seated.

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GlocksAndPatriots said:

Unless of course, the 4 liberals don't want to allow the other 4 to wait for Gorsuch to be seated.

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Shazam said:

Now listed as "Rescheduled" on the Supreme Court website.

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No. 16-894
Title:
Edward Peruta, et al., Petitioners
v.
California, et al.
Docketed: January 17, 2017
Linked with 16A440
Lower Ct: United States Court of Appeals for the Ninth Circuit
Case Nos.: (10-56971)
Decision Date: June 9, 2016
Rehearing Denied: August 15, 2016

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 31 2016 Application (16A440) to extend the time to file a petition for a writ of certiorari from November 13, 2016 to December 14, 2016, submitted to Justice Kennedy.
Dec 2 2016 Application (16A440) to extend further the time from December 14, 2016 to January 12, 2017, submitted to Justice Kennedy.
Dec 5 2016 Application (16A440) granted by Justice Kennedy extending the time to file until January 12, 2017.
Jan 12 2017 Petition for a writ of certiorari filed. (Response due February 16, 2017)
Jan 26 2017 Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel petitioners.
Jan 27 2017 Letter received from counsel for respondent.
Feb 6 2017 Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Second Amendment Foundation, Inc., et al..
Feb 15 2017 Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Feb 16 2017 Brief amicus curiae of National Rifle Association of America, Inc. filed.
Feb 16 2017 Brief amici curiae of Western States Sheriffs' Association, et al. filed.
Feb 16 2017 Brief of respondent California in opposition filed.
Feb 16 2017 Brief of respondents County of Yolo and Sheriff Ed Prieto in opposition filed.
Feb 16 2017 Brief amici curiae of Alabama and 25 other States filed.
Feb 16 2017 Brief amici curiae of The Governors of Texas, et al. filed.
Feb 16 2017 Brief amici curiae of New York State Rifle & Pistol Association, Inc., et al. filed.
Feb 16 2017 Brief amici curiae of Gun Owners of America, Inc., et al. filed.
Mar 7 2017 Reply of petitioners Edward Peruta, et al. filed.
Mar 8 2017 DISTRIBUTED for Conference of March 24, 2017.
Mar 23 2017 Rescheduled.

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DC-W said:

Hmmm....

Gotta wonder when it'll come up again.

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ironpony said:

lol, Dan used the banana ... this has to be somewhat positive news.

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esqappellate said:

Agreed. And I think it likely that they will wait to see whether Gorsuch is confirmed and, if confirmed, they will relist it for his consideration. That decision on his nomination will be in April, so it is very soon. This is working out very nicely. Of course, that does not mean that cert. will be granted. But it looks like a shot now. Before anyone gets their hopes up, don't forget that Gorsuch is a replacement for Scalia, not Kennedy and the Court has already denied cert on this issue 3 times with Scalia on the Court. This is still a long, long shot.

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