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  • Peaceful John

    Active Member
    May 31, 2011
    239
    Say that DC does not file for En Banc or Cert and lets it become law of the land.

    THEY DC must seek Cert. It has no options. If DC waits until a 5th Second Amendment friendly Justice is seated, they (the anti's) will have no further opportunity to restrict the carry of handguns for the next 30+ years.

    US We must do what we can to encourage at least one more Justice to step aside in time for a replacement to be seated before this case reaches the Cert stage.
     

    W2D

    Ultimate Member
    Dec 2, 2015
    2,075
    Escaped MD for FL
    "The original Northampton statute took effect in 1328. Its language will faintly remind Anglophiles of studying Canterbury Tales—in the original."

    Love it.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    You would need en banc if the court felt that the damage to the parties arising from the (in its view incorrect) panel decision was too high to tolerate. But yeah, other than that, published decisions are the only ones that count.

    Where can I see the statistics for those?

    Here is an older (2011) analysis on the number of unpublished opinions
    http://volokh.com/2011/09/08/rates-...t-circuits-and-especially-the-fourth-circuit/

    DCCA has 62.3% of its cases unpublished
    9CA has 86.9% of its cases unpublished.

    So the DCCA has about 3 times more published cases on a percentage basis so the 9CA only has about 3.5 times more published cases based on total numbers.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Looks like fuzzy math.

    Sent from the 3rd Rock

    I think your just fuzzy.

    It is simple math

    DCCA 570 opinions; 218 published (38.2%), 352 unpublished (61.8%)
    9CA 6709 opinions; 516 published (7.7%), 6190 unpublished (92.3%)

    516/218=2.4 times more published cases

    There are more cases but they are either consolidated or terminated for procedural reasons.
     

    Minuteman

    Member
    BANNED!!!
    "The original Northampton statute took effect in 1328. Its language will faintly remind Anglophiles of studying Canterbury Tales—in the original."

    Love it.

    Yep.

    Would be cool to see an excerpt of both, by way of comparison.

    I think your just fuzzy.

    It is simple math

    DCCA 570 opinions; 218 published (38.2%), 352 unpublished (61.8%)
    9CA 6709 opinions; 516 published (7.7%), 6190 unpublished (92.3%)

    516/218=2.4 times more published cases

    There are more cases but they are either consolidated or terminated for procedural reasons.


    Color me fuzzy too, I glanced at the chart, thanks for the link; obviously you sat at the front of the USGov class in high school. i see that many numbers all on one page, my eyes glaze over; any additional insight you've been able to tease out of that data appreciated. :)


    I've got my hands full just brushing up on Canterbury Tales! :D
     

    SWO Daddy

    Ultimate Member
    Jun 18, 2011
    2,470
    Just listened to Steve Holbrook on NRA News. He seemed pretty positive that this victory is short lived and we're going to an en banc.
     

    Master_P

    Member
    May 27, 2015
    77
    Just listened to Steve Holbrook on NRA News. He seemed pretty positive that this victory is short lived and we're going to an en banc.

    It's possible, but recall that Heller 3 was decided by the same COA. DC petitioned for en banc, but that was denied in Feb '16. AFAIK, the city did not file for cert with SCOTUS.

    Then again, the idea of public carry makes liberals apoplectic, so rational sense goes out the window.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    It's possible, but recall that Heller 3 was decided by the same COA. DC petitioned for en banc, but that was denied in Feb '16. AFAIK, the city did not file for cert with SCOTUS.

    Then again, the idea of public carry makes liberals apoplectic, so rational sense goes out the window.

    Since Heller, Obama packed the DC Circuit with another 4 judges. Heller was denied en banc 6-4. These 4 additional jurists change that equation. I'm hopeful intellectual honesty and the rarity of en banc on the Circuit will prevail, but we all know how the 2A gets liberals' panties in a messy twist.
     

    Master_P

    Member
    May 27, 2015
    77
    Since Heller, Obama packed the DC Circuit with another 4 judges. Heller was denied en banc 6-4. These 4 additional jurists change that equation. I'm hopeful intellectual honesty and the rarity of en banc on the Circuit will prevail, but we all know how the 2A gets liberals' panties in a messy twist.

    The O-hole packed the DC COA in 2012-2014, when Dems had the Senate and Harry Reid invoked the 'nuclear option' for non-SCOTUS Article 3 judges.

    Repubs took the Senate back in 2014, and shut down The O-hole's judicial nominations.

    The Heller 3 en banc denial happened after The O-hole packed the DC COA.
     

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