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Old February 14th, 2019, 08:49 PM #381
wolfwood wolfwood is offline
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Originally Posted by delaware_export View Post
Wonder what wolf’s opinion is. It’s his case .
This is just a theory but go with me here. There are about to be 5 trump judges added to the Ninth. This week the Ninth randomly selected its en banc panel. Had the appeal been stayed last week a panel would have been selected after the stay and those trump appointees would be part of the random drawing. By staying the case only after the panel has been decided Judge Thomas gets to put Young out a year while locking in the most liberal panel possible i.e. one without the Trump appointees. I could be completely off base but the timing sure is suspect.
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Old February 14th, 2019, 10:13 PM #382
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Originally Posted by danb View Post
SCOTUS's decision on the NY case will not moot Young. However to the extent that the Supreme Court defines the scope of "bear" arms, 9th will have to use it.
That, and maybe SCOTUS will address standard of scrutiny (fingers crossed for STRICT for enumerated rights).
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Old February 15th, 2019, 06:15 AM #383
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Originally Posted by wolfwood View Post
This is just a theory but go with me here. There are about to be 5 trump judges added to the Ninth. This week the Ninth randomly selected its en banc panel. Had the appeal been stayed last week a panel would have been selected after the stay and those trump appointees would be part of the random drawing. By staying the case only after the panel has been decided Judge Thomas gets to put Young out a year while locking in the most liberal panel possible i.e. one without the Trump appointees. I could be completely off base but the timing sure is suspect.
So what would happen if any of the en banc panel passed while waiting for SCOTUS to make its ruling in the NY Case?
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Old February 15th, 2019, 07:12 AM #384
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So what would happen if any of the en banc panel passed while waiting for SCOTUS to make its ruling in the NY Case?
SCOTUS will still rule. They must.
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Old February 15th, 2019, 11:20 AM #385
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So what would happen if any of the en banc panel passed while waiting for SCOTUS to make its ruling in the NY Case?
I assume another name gets drawn at random?
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Old February 15th, 2019, 11:26 AM #386
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Originally Posted by wolfwood View Post
This is just a theory but go with me here. There are about to be 5 trump judges added to the Ninth. This week the Ninth randomly selected its en banc panel. Had the appeal been stayed last week a panel would have been selected after the stay and those trump appointees would be part of the random drawing. By staying the case only after the panel has been decided Judge Thomas gets to put Young out a year while locking in the most liberal panel possible i.e. one without the Trump appointees. I could be completely off base but the timing sure is suspect.
If the N.Y. case rules for a different scrutiny standard, wouldn't then Young be back to the district court to be re heard under the new standard?
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Old February 15th, 2019, 11:31 AM #387
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.............to the Ninth. This week the Ninth randomly selected its en banc panel. .............been decided Judge Thomas gets to put Young out a year while locking in the most liberal panel possible i.e. one without the Trump appointees. ................

Im sure it was "RANDOMLY" selected. Ive long ago stopped believing anything that occurs in that circuit court is random or by chance.
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Old February 15th, 2019, 01:17 PM #388
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Im sure it was "RANDOMLY" selected. Ive long ago stopped believing anything that occurs in that circuit court is random or by chance.
The panel is randomly selected.

What's not random is the fact the 9th has now gone en banc 5 times to erase 2A victories. Poor judge O'scannlain, who just cant get a break.
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