Kolbe v O'Malley being Appealed to CA4

PowPow · Nov 30, 2015

So, ummm, in two weeks?

cechk01 · Nov 30, 2015

PowPow said:
So, ummm, in two weeks?

two years

steveh326 · Dec 1, 2015

this is maddening... no branch of government should have an infinite amount of time to respond to citizens disputes.

dtmeyers · Dec 1, 2015

steveh326 said:
this is maddening... no branch of government should have an infinite amount of time to respond to citizens disputes.

Justice delayed is justice denied

pcfixer · Dec 2, 2015

dtmeyers said:
Justice delayed is justice denied

Yes, your correct. The issue is the progressive left really doesn't care, nor does the state of Md nor the 4th Circus court.

The federalist papers are a source for us. It's clear TODAY we have a tyrannical government, the state, federal and supreme courts fail in judicial review the use the plain text of the US Constitution and prior USSC court rulings. Seem clear to me. At this point to change to political climate starting with POTUS would be a big move. Hopefully then to change the courts to one that our founders put in place.

Racer Doug14 · Dec 3, 2015

I was wondering where this thread was...in the same place it was before. Nowhere.

PJDiesel · Dec 3, 2015

steveh326 said:
this is maddening... no branch of government should have an infinite amount of time to respond to citizens disputes.

And historically when people here bitch there are two or three guys who come to the courts defense with something along the lines of "would you prefer they rush it and come out with the WRONG decision"?

Uh,... no, I'd rather they do some freaking thing though. Nothing on friggin EARTH takes this long, there's just simply no sense in it being so long.

jasonk1229 · Dec 4, 2015

delayed justice is no justice

Schipperke · Dec 4, 2015

They've had multiple chances to spill a decision against us at opportune times. If the decision is good for us and they are waiting for 90 day free period of a nationally syndicated shooting, we'll never get a verdict.

CrazyIvan · Dec 6, 2015

PJDiesel said:
And historically when people here bitch there are two or three guys who come to the courts defense with something along the lines of "would you prefer they rush it and come out with the WRONG decision"?

Uh,... no, I'd rather they do some freaking thing though. Nothing on friggin EARTH takes this long, there's just simply no sense in it being so long.

I tend to agree with you. Last time I expressed frustration about how long it was taking, I was reminded that it's a civil matter and there is no expectation of expediency.

Sigh....

pcfixer · Dec 6, 2015

CrazyIvan said:
I tend to agree with you. Last time I expressed frustration about how long it was taking, I was reminded that it's a civil matter and there is no expectation of expediency.

Sigh....

Now days are hope for the best but expect the worst!!

Schipperke · Dec 6, 2015

The fix is in

frogman68 · Dec 7, 2015

Now that Friedman has been denied , we should get slap down too by the CA4

DC-W · Dec 7, 2015

frogman68 said:
Now that Friedman has been denied , we should get slap down too by the CA4

I'm pretty sure that's not how the court works. Kolbe was heard in March. SCOTUS has had Friedman in front of them since October.

j_h_smith · Dec 7, 2015

I can't see a win in our future. I hope to be delightfully surprised, but I doubt it.

pcfixer · Dec 7, 2015

I'm not sure how courts work either. Not a lawyer. But, this seems to me that John P Sweeny would send the dissent from USSC Freidman may have an impact on courts discision or change something based on guidance from Scalia and Thomas!

"We cautioned courts against leaving the rest of the field to the legislative process: “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) evenfuture judges think that scope too broad.”

frogman68 · Dec 7, 2015

DC-W said:
I'm pretty sure that's not how the court works. Kolbe was heard in March. SCOTUS has had Friedman in front of them since October.

Think this case was being held till SCOTUS denied it. Now CA4 can agree with the state with no repercussions

aireyc · Dec 7, 2015

frogman68 said:
Think this case was being held till SCOTUS denied it. Now CA4 can agree with the state with no repercussions

That doesn't make any sense. Under normal circumstances we should have had our decision back in June or July. Petition for cert in Friedman wasn't filed until the end of July. If we're going to speculate them acting based on SCOTUS, they're probably holding it up so SCOTUS won't be able to hear this case until the October 2016 term.

Kharn · Dec 7, 2015

aireyc said:
That doesn't make any sense. Under normal circumstances we should have had our decision back in June or July. Petition for cert in Friedman wasn't filed until the end of July. If we're going to speculate them acting based on SCOTUS, they're probably holding it up so SCOTUS won't be able to hear this case until the October 2016 term.

We're already at that point. 90 days for cert petition, 30 days response (extended to 60 for any govt body that asks), 14 days reply and distributed for conference. 4.5-5.5 months from the time of the panel decision just to get to the cert conference, assuming en banc is not sought. After that, the first merits brief isn't due for 45 days, 30 days for response, 30 days reply. The last argument day for this term is April 27.

esqappellate · Dec 8, 2015

Kharn said:
We're already at that point. 90 days for cert petition, 30 days response (extended to 60 for any govt body that asks), 14 days reply and distributed for conference. 4.5-5.5 months from the time of the panel decision just to get to the cert conference, assuming en banc is not sought. After that, the first merits brief isn't due for 45 days, 30 days for response, 30 days reply. The last argument day for this term is April 27.

Not quire there. Generally if cert is granted by first Jan conf the court will hear argument that term

Kolbe v O'Malley being Appealed to CA4

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