Different judges are on the Sept. panel - Rogers (Clinton), Kavanaugh (Dubya), Wilkins (O-hole). Not good....
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esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Here is the order
Kharn
Ultimate Member
Motions and merits are different panels.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I would *love* to have Kavanaugh on any panel. My next pick would be Ginsburg. After that, Millett or Randolph. Henderson would be my last! pick. And yes, as Kharn, says, motions and merits panels are completely different.
Definitely yes on Kavanaugh. The other 2 probably no (both Dem appointees), although I don't know if they've been on a 2A case panel.
Kharn
Ultimate Member
But Henderson finds her way onto nearly every 2A panel...
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Millett and Ginsburg were on Heller III which struck down part of DC laws. Which means that actually apply DC Circuit precedent. Can't ask more than that.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Seems that way, doesn't it. She must be getting tired of that. She loses a lot.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Clerk's order today: Oral argument set for Tuesday, Sept. 20, 2016
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Nope
Aren't they being heard by the same panel?
Also, someone on another board is saying the panel will be Griffith (ruled for Parker/Heller), Srinvansan, and Millett (ruled for Heller in Heller 3). Can you confirm? I thought the panel wouldn't be known until 30 days before orals.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
We just don't know the panel. 30 days prior to argument is correct in the DC Circuit.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Brief of Appellee (DC) attached.
Klunatic
Ultimate Member
Wow, really digging deep on this one. They must be desperate, they are citing English law from 1797.
"Indeed, the treatise of Lord Coke, who was “widely recognized by the
American colonists ‘as the greatest authority of his time on the laws of England,’”
Payton v. New York, 445 U.S. 573, 593-94 (1980), included the peacekeeping
exceptions, adding “another exception” for a man “defend[ing] his house,” which
would make no sense if the law only banned carrying with “evil intent.” Coke, The
Third Part of the Institutes of the Laws of England 159, 161 (15th ed. 1797). "
"Indeed, the treatise of Lord Coke, who was “widely recognized by the
American colonists ‘as the greatest authority of his time on the laws of England,’”
Payton v. New York, 445 U.S. 573, 593-94 (1980), included the peacekeeping
exceptions, adding “another exception” for a man “defend[ing] his house,” which
would make no sense if the law only banned carrying with “evil intent.” Coke, The
Third Part of the Institutes of the Laws of England 159, 161 (15th ed. 1797). "
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