Young Opening Brief Filed

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  • Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    So, the HLR seems to be saying ...

    1) A real originalist will recognize that the founders meant that the legislature could simply override the Bill of Rights, at least when it comes to THIS part of the Bill of Rights, because we think it's ooky and it makes us uncomfortable.

    2) The phrases "keep and bear" and "shall not be infringed" don't enter together into their analysis, because that would be awkward.

    At least they aren't attacking the underlying Heller foundation: it's personal, not some collective official-militia-members-only-which-doesn't-even-apply-any-more right.

    By citing the existence of some historical/regional limits or prohibitions on carry, they're hoping to establish that those insisting that tradition be woven into a ruling will shut Young down. They're avoiding, it seems to me, the glaring fact that we've had some state and local governments who've been getting it wrong ALL ALONG, and that it's finally time for SCOTUS to straighten that sh!t out.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    The HLR fails to mention that the mere existence of a law is not proof of its constitutionality.
    They need to point to an instance where courts have found that total carry bans are constitutional. They can't because it doesn't exist.
    They are towing the new found strategy of dismissing the Southern cases from the 19th century because of slavery. IIRC, those cases make no mention of slavery.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Case Name: George Young, Jr. v. State of Hawaii, et al
    Case Number: 12-17808
    Document(s): Document(s)

    Docket Text:
    Filed order (SIDNEY R. THOMAS): On February 14, 2019, this Court stayed en banc proceedings pending the issuance of an opinion by the United States Supreme Court in New York State Rifle& Pistol Association, Inc, v. City of New York, No. 18-820 and further order of this Court. The Supreme Court has now issued its decision. New York State Rifle & Pistol Ass’n, Inc, v. City of New York, 590 U.S. ___, 2020 WL 1978708 (April 27, 2020). Therefore, the stay of en banc proceedings in this case is lifted. En banc argument will take place during the week of September 21, 2020, at the James R. Browning United States Courthouse in San Francisco, California. The specific date and time will be set by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at Paul_Keller@ca9.uscourts.gov or (206) 224- 2236. Given this order, appellant Young’s motion to lift the stay (Dckt # [226]) is DENIED as moot. The parties are instructed to file simultaneous supplemental briefs of no more than 10,000 words on or before June 4, 2020. The parties may file an optional supplemental reply brief of not more than 5,000 words on or before June 22, 2020. Given this order, the State of Hawai’i’s motion for supplemental briefing (Dckt # [202]) is DENIED as moot. The parties shall file with the Court eighteen additional copies of the supplemental briefs filed within seven days of the due dates. The State of Louisiana’s motion for an extension of time in which to file an amicus curiae brief (Dckt # [218]) is GRANTED. The amicus brief will be due on or before June 4, 2020, shall not exceed 5,000 words, and shall otherwise conform to the requirements of Ninth Circuit Rule 29. Amicus shall file with the Court eighteen additional copies of the brief filed within seven days of the due date. Further motions to file amicus briefs must be filed on or before June 4, 2020, must conform to the requirements of Circuit Rule 29, and any brief submitted shall not exceed 5,000 words. Any amicus curiae who is granted leave to file an amicus brief shall file with the Court eighteen additional copies of the brief within seven days after leave to file a brief is granted. [11677171] (AF)
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    One thing to note is that Sidney Thomas' term expires next year. By my math, it looks like Mary Murguia (Obama appointee) would be next in line.

    According to Wiki (I know:D) the new chief is the next regular judge with the most seniority, must be under 65 when starting the term, and serves either 7 years or until they turn 70.

    So FWIW we'd be stuck with Murguia for a full 7 years barring her retirement/death/impeachment, as she doesn't turn 70 until 2030.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    I guess they, 9th circus and it’s under courts, figure mr young will die before the case gets heard and they can just claim the issue has resolved itself. No need for a hearing at that point and no change on Hawaii law.

    And next case starts the 8 year delay cycle over again. So, 2028?

    :sarcasm::sarcasm::sarcasm:


    Seven years, 22 pages, 425 posts and the fight goes on. Way to go Wolf!
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Very interesting but he forgets if people served in the militia where did people get the arms to use??? They brought their own arms from HOME to use in the militia that they carried all the time for self defense. The founding fathers knew that the people had to bring their own arms to use because they were NOT supplied any arms except what they brought with them from home and carried with them for defense. I totally disagree with what that person wrote respectfully
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474


    Apparently there were 17 amicus briefs that were filed as of now.

    • Neal Goldfarb
    • New Civil Liberties Alliance
    • Brief of Amici Curiae City and County of Honolulu, County of Kauai, and County of Maui in Support of Defendants-Appellees.
    • Corpus Linguistics Professors and Experts as Amici Curiae Supporting Appellees.
    • States of New Jersey, Connecticut, Illinois, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and the District of Columbia
    • State of California
    • Everytown for Gun Safety
    • Prosecutors Against Gun Violence
    • Giffords Law Center to Prevent Gun Violence
    • SOCIAL SCIENTISTS AND PUBLIC HEALTH RESEARCHERS
    • Professors of History and Law.
    • THE STATES OF LOUISIANA, ALABAMA, ARIZONA, ARKANSAS, GEORGIA, IDAHO, INDIANA, KANSAS, KENTUCKY, MISSISSIPPI, MONTANA, NEBRASKA, NORTH DAKOTA, OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, TEXAS. UTAH, WEST VIRGINIA IN SUPPORT OF PLAINTIFF-APPELLANT.
    • John Cutonilli
    • National Rifle Association of America
    • Professors of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Cato Institute, Madison Society Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Independence Institute
    • Hawaii Rifle Association; California Rifle & Pistol Association, Incorporated; and Gun Owners of California
    • Hawaii Firearms Coalition
     
    Last edited:

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    2,999
    Napolis-ish

    Does it matter to any fence sitters that way more states are for the appellant then the state? Does all the civil unrest have any effect on the fence sitters?
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Brady Campaign is filing a motion to file a late amicus brief on Monday. Then nothing until I file my reply in two weeks.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    *** sarcastic rant of a non lawyer type typed and deleted ***

    Give’m hell wolfwood!

    Lord, protect the health of Mr Young, so that he may see this case through. Amen.

    Brady Campaign is filing a motion to file a late amicus brief on Monday. Then nothing until I file my reply in two weeks.
     

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