Kolbe en banc decision

mxrider · Nov 15, 2017

rockstarr said:
please explain.

Just so the justices could discuss similar type cases at one time versus over two different conferences.

Boxcab · Nov 15, 2017

mxrider said:
Just so the justices could discuss similar type cases at one time versus over two different conferences.

"The sum may be greater then the parts"!?

EDIT: More properly phrased...

“The whole is greater than the sum of its parts.”

― Aristotle

.

GolfR · Nov 15, 2017

Ranchero50 said:
My 2 cents. If this law is overturned the MGA will legislate another as soon as possible. We are seeing how easy it is to write a bad law and how difficult it is to overturn it.

The only way to break the cycle is to educate the populace so they don't elect folks who want to legislate gun control.

This is the big problem. The MD law is troubled because it ban specific firearms by name. There are holes in this that have allowed many of us to purchase firearms that meet our needs and desires (HBAR AR-15s). If the law is struck down as it is written, it does not necessarily mean that the "evil feature" based laws in CA and Mass will be found unconstitutional. These laws are worse than what we have in MD and this state won't hesitate to adopt the same language and make our lack of freedom even worse. Moreover, a loss in this case related to the 10 round mag rule will likely bolster CA's case for taking property away from law abiding citizens and embolden MD to do something similar.

GTOGUNNER · Nov 15, 2017

GolfR said:
This is the big problem. The MD law is troubled because it ban specific firearms by name. There are holes in this that have allowed many of us to purchase firearms that meet our needs and desires (HBAR AR-15s). If the law is struck down as it is written, it does not necessarily mean that the "evil feature" based laws in CA and Mass will be found unconstitutional. These laws are worse than what we have in MD and this state won't hesitate to adopt the same language and make our lack of freedom even worse. Moreover, a loss in this case related to the 10 round mag rule will likely bolster CA's case for taking property away from law abiding citizens and embolden MD to do something similar.

So. Your advocating that we be happy with the law as is and shouldn't be fought?

Sent from the 3rd Rock

Gryphon · Nov 16, 2017

GTOGUNNER said:
So. Your advocating that we be happy with the law as is and shouldn't be fought?

Sent from the 3rd Rock

Exactly, because if the law is left to stand as is the Anti's and oath breakers will be happy and leave liberty loving citizens alone. :rolleyes:

press1280 · Nov 16, 2017

rockstarr said:
please explain.

As you may well know by reading the threads, ALL 3 of the 2A cases up at SCOTUS have all had unusual delays before their 1st conference. Someone's taking a hard look....... :thumbsup:

rockstarr · Nov 16, 2017

press1280 said:
As you may well know by reading the threads, ALL 3 of the 2A cases up at SCOTUS have all had unusual delays before their 1st conference. Someone's taking a hard look.......

I sure hope so

GolfR · Nov 16, 2017

GTOGUNNER said:
So. Your advocating that we be happy with the law as is and shouldn't be fought?

Sent from the 3rd Rock

No, my point is that the fight needs to be more broad than the MD ban. If the MD ban is found unconstitutional because it bans guns in common use, that the BIG fight is going to be over "evil feature" bans. This is also dictated by what the actual ruling is by the court, they could offer a ruling that covers both. Fundamentally, I'm trying to point out that this is far more complicated than simply getting the SC to hear that case and rule against MD.

esqappellate · Nov 16, 2017

GolfR said:
No, my point is that the fight needs to be more broad than the MD ban. If the MD ban is found unconstitutional because it bans guns in common use, that the BIG fight is going to be over "evil feature" bans. This is also dictated by what the actual ruling is by the court, they could offer a ruling that covers both. Fundamentally, I'm trying to point out that this is far more complicated than simply getting the SC to hear that case and rule against MD.

THat all depends on how they rule, if they take the case. As to risks associated with the case, IMHO, the Antis cannot be appeased, they can only be opposed at every step. A ruling against MD will make their lives more complicated and create apprehension and uncertainly among the Antis. That is a good thing.

rockstarr · Nov 17, 2017

esqappellate said:
THat all depends on how they rule, if they take the case. As to risks associated with the case, IMHO, the Antis cannot be appeased, they can only be opposed at every step. A ruling against MD will make their lives more complicated and create apprehension and uncertainly among the Antis. That is a good thing.

I wouldn't be surprised if Thomas and probably gorsuch are pleading with others to take one of these cases.

ComeGet · Nov 17, 2017

I'm far from an expert on this but I'd be a lot more comfortable if SCOTUS waited on any 2A cases until Trump gets another appointee confirmed.

rockstarr · Nov 17, 2017

ComeGet said:
I'm far from an expert on this but I'd be a lot more comfortable if SCOTUS waited on any 2A cases until Trump gets another appointee confirmed.

that would require mr im gonna retire but never do or miss im never gonna retire to actually retire.

Mike OTDP · Nov 17, 2017

ComeGet said:
I'm far from an expert on this but I'd be a lot more comfortable if SCOTUS waited on any 2A cases until Trump gets another appointee confirmed.

Yes. I think this is why there have been so many delays. There are 4 solid pro-2A Justices, 4 anti...and Kennedy. Very iffy. Who is reported to be considering retirement after this session. Replace him with a pro-2A Justice, and I think the floodgates will open up.

I'd rather win two or three years from now than lose tomorrow.

ComeGet · Nov 17, 2017

rockstarr said:
that would require mr im gonna retire but never do or miss im never gonna retire to actually retire.

I like to think the law of averages and demographics are on our side.

:innocent0

doublins · Nov 24, 2017

So, this was scheduled for Tuesday's conference and was not listed as rescheduled on scotusblog (http://www.scotusblog.com/case-files/cases/kolbe-v-hogan/). Orders from Tuesday's conference are scheduled for Monday, 27 November, so keep your fingers crossed for Monday morning.

j_h_smith · Nov 24, 2017

Could the delay be in fact due to Kennedy's pending retirement? Do you think the conservative justices are delaying in order to see how this retirement talk pans out?

BeoBill · Nov 24, 2017

If Ginsberg is finally declared dead does anyone think that would affect Kennedy's retirement plans?

swinokur · Nov 24, 2017

POTUS only needs one.

press1280 · Nov 25, 2017

j_h_smith said:
Could the delay be in fact due to Kennedy's pending retirement? Do you think the conservative justices are delaying in order to see how this retirement talk pans out?

IMO not likely. This would just seem way too strategic/political for the court. If several members want a case like this but are worried about Kennedy, then they can just deny cert and wait till another comes along. If cert is granted before the end of the year , then the case will be heard by Kennedy and decided by the end of the term.

My guess is possibly a justice or two really wants a 2A case and wanted to take a hard look at the 3 cases at the court(Hamilton,Norman, and Kolbe) before it gets to conference. Perhaps they want to make a big pitch to the rest of the court that a 2A case is badly needed and at least one of these would make a good vehicle.

danb · Nov 27, 2017

bump.

Kolbe en banc decision

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