En banc Decision in Peruta -- a loss

Inigoes · May 1, 2017

DC-W said:
STOP IT!

Lightening has struck once in Caetano. Hopefully, it will strike down the CA9 also.

DC-W · May 1, 2017

Court's next conference is 5/11.

Peruta's docket page hasn't been updated just yet, but here's the link
https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-894.htm

danb · May 1, 2017

Not getting my hopes up, but I am upgrading to
:bannana:

We will either get a dissent from denial or a grant.

CrazySanMan · May 1, 2017

Here's to shall issue being declared unconstitutional followed by passing of the National Reciprocity Act.

Peaceful John · May 1, 2017

danb said:
We will either get a dissent from denial or a grant.

I know this is wildly speculative, but after an adult beverage or two I sometimes think the Peruta cert application will be kicked into next year, at which time we'll have a suitable replacement for Kennedy.

Inigoes · May 1, 2017

danb said:
Not getting my hopes up, but I am upgrading to

We will either get a dissent from denial or a grant.

Maybe not! Caetano took this many relists, before requesting additional information

Oct 29 2015 DISTRIBUTED for Conference of November 13, 2015.
Nov 16 2015 DISTRIBUTED for Conference of November 24, 2015.
Nov 30 2015 DISTRIBUTED for Conference of December 4, 2015.
Dec 7 2015 DISTRIBUTED for Conference of December 11, 2015.
Dec 8 2015 Record Requested .

http://www.scotusblog.com/case-files/cases/caetano-v-massachusetts/

wolfwood · May 1, 2017

I personally think we are getting a really long dissent from denial of cert but I hope I am wrong.

HaveBlue · May 1, 2017

No bad news here... unless necessary.

wolfwood said:
I personally think we are getting a really long dissent from denial of cert but I hope I am wrong.

C'mon Wolfwood..... Don't nobody bring me, no bad news!

https://youtu.be/pQT-QFy5Nig?t=1m10s

danb · May 1, 2017

If they grant cert and then Kennedy retires, Shannon Watts will have the biggest conniption ever. It will be positively glorious.

:popcorn:

press1280 · May 2, 2017

danb said:
If they grant cert and then Kennedy retires, Shannon Watts will have the biggest conniption ever. It will be positively glorious.

An interesting thought. If a judge knows they are retiring at the end of the term, do they bother voting to hear a case when they don't decide it's ultimate fate?

fidelity · May 2, 2017

danb said:
If they grant cert and then Kennedy retires, Shannon Watts will have the biggest conniption ever. It will be positively glorious.

Although the recent spending bill isn't quite what the WH wanted, maybe getting it out of the way was a good thing. It gives the Democrats one fewer lever of possible pressure to apply (at least this summer) now that they can't prevent a SC nominee like Hardiman through filibuster.

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fightinbluhen51 · May 2, 2017

fidelity said:
Although the recent spending bill isn't quite what the WH wanted, maybe getting it out of the way was a good thing. It gives the Democrats one fewer lever of possible pressure to apply (at least this summer) now that they can't prevent a SC nominee like Hardiman through filibuster.

Sent from my Nexus 5X using Tapatalk

Orrrrrrrrrrrrrrrrrrrrr...

We just watched the Congressional Repubics roll over; because they are really just members of the same bi-partisan fusion party (and only members of the junior wing).

rbird7282 · May 2, 2017

fightinbluhen51 said:
Orrrrrrrrrrrrrrrrrrrrr...

We just watched the Congressional Repubics roll over; because they are really just members of the same bi-partisan fusion party (and only members of the junior wing).

MUCH more likely, because they are the best at a "Ned Beatty in Deliverance imitation"

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frogman68 · May 2, 2017

wolfwood said:
I personally think we are getting a really long dissent from denial of cert but I hope I am wrong.

or they are writing a big FU to the 9th with out a hearing (summary reversal????)

GlocksAndPatriots · May 2, 2017

fightinbluhen51 said:
Orrrrrrrrrrrrrrrrrrrrr...

We just watched the Congressional Repubics roll over; because they are really just members of the same bi-partisan fusion party (and only members of the junior wing).

That. They're spineless cowards

Master_P · May 2, 2017

esqappellate said:
Yes, I agree. It is becoming apparent that they are putting off the cert votes on hard or close cases until Gorsuch feels ready to participate.

On a somewhat related note... I seem to recall an earlier post in which you opined that the DC COA tends to issue timely opinions, irrespective of the subject matter.

Grace and Wrenn had oral argument on 9/20/2016, almost 8 months ago. It would be quite interesting if those cases, Norman, and Peruta all reached SCOTUS at the same time - and even better if Grace created a wider circuit split.

Although I imagine D.C. would try delaying tactics to see if SCOTUS might dispose of Peruta first...

Do you believe we are overdue for an opinion in Grace/Wrenn?

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Decoy · May 2, 2017

I'm feeling like we may be getting one last kick in the balls before Kennedy's retirement.

Kharn · May 2, 2017

Decoy said:
I feeling like we may be getting one last kick in the balls before Kennedy's retirement.

It takes four to grant cert, so as long as the other conservatives believe Kennedy's replacement will be seated by oral argument, they can still force the court to hear the case.

LostinNJ · May 3, 2017

Gorusch Opts Out of Cert Pool

This may be relevant in explaining the re-schedules/re-lists. According to the Daily Caller:

In choosing not to join the pool, Gorsuch is flashing an independent streak. By having his own staff review each petition, he may be signaling misgivings about the judgments of other chambers, or of pool memos prepared by clerks who don’t share his interpretative commitments.

krucam · May 3, 2017

LostinNJ said:
This may be relevant in explaining the re-schedules/re-lists. According to the Daily Caller:

Great read...

En banc Decision in Peruta -- a loss

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