esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Tough. I like the tough tone. It is well justified. The Court however is not enforcing Heller save for Caetano. I'm not optimistic that this case will move them
Silvester v. Kamala Harris CA 10 Day Wait
- Thread starter MDFF2008
- Start date
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Tough. I like the tough tone. It is well justified. The Court however is not enforcing Heller save for Caetano. I'm not optimistic that this case will move them
Certainly does not make me optimistic either. I'm assuming you mean that the court simply will not take any case unless there's a major circuit/lower court conflict, even if it basically thumbs it's nose at Heller?
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I think that is right. However, the GVR in Caetano gives me some hope that the bar may be moving a bit. Alito, Gorsuch and Thomas are pushing hard on this. It only takes 4 to grant. Peruta was a bridge too far for the court since it was public carry. We shall see what happens to Kolbe.
Lost track of this case, it's scheduled for the January 5th conference. Several of the briefings are posted on its SCOTUS page: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-342.html
There are several amicus briefs which have been filed for plaintiffs.
There are several amicus briefs which have been filed for plaintiffs.
danb
dont be a dumbass
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
More than merely rescheduled. On Jan. 8, the court also "requested the record" from the lower court. Generally, that suggests that at least one justice is taking a very close look at this case, and potentially writing some kind of decision. Whether it’s a summary reversal, dissent from the denial of certiorari, or something else, we likely won’t know until after the court receives, and reviews, the record.
danb
dont be a dumbass
last time I recall seeing a request for the record from the lower court was Caetano, and we know how that turned out.
Same outcome is probaly too much to hope for here. Still its good news!
Same outcome is probaly too much to hope for here. Still its good news!
md123
Ultimate Member
- Jul 29, 2011
- 2,005
Wish SAF would challenge the new CA ammo laws.
Those are more likely to reduce participation in shooting sports and ownership, which is the lib end-game.
Those are more likely to reduce participation in shooting sports and ownership, which is the lib end-game.
danb
dont be a dumbass
A win is a win.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Here, the record in Silvester is big. They had a trial and there were extensive findings of fact by the trial court on whether the 10 day waiting period had any purpose in cases where the the purchaser already had a gun. This may take awhile.
In theory, could they actually be writing something since, it hasn't even gone to conference yet?
Definitely a good sign but definitely doesn't mean they'll take the case or even that we'll get a dissent.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Oh, that’s right, I didn’t mean to imply that active drafting is underway. I do think that the request for the record is unusual. It did happen in Cataneo, but IIRC, it did not happen in any of the other 2A cases in which the Court denied cert. Generally, asking for the record in a case in where there was an actual trial means that the requestor(s) is interested in the facts. Jaffe, plaintiff’s counsel in this case, is the real deal with a solid rep and credibility with the Court. This case could be a sleeper.
danb
dont be a dumbass
docket says this was rescheduled for Jan 12th conference.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-342.html
They made 12 grants Friday (this was not one of them).
Orders come out in a bit, but I suspect this one is going to be re-re-rescheduled for a while.
UPDATE: no action on todays list.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-342.html
They made 12 grants Friday (this was not one of them).
Orders come out in a bit, but I suspect this one is going to be re-re-rescheduled for a while.
UPDATE: no action on todays list.
I would guess it will keep being relisted until the record is received.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Right. The docket for the case as of today AM does not show that the record has been received. I expect that it will be relisted later tomorrow.
danb
dont be a dumbass
DISTRIBUTED for Conference of 2/16/2018.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Drumroll, please....
danb
dont be a dumbass
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