Young Opening Brief Filed

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Clinton
    THOMAS, Chief Judge
    McKEOWN
    WARDLAW
    W. FLETCHER

    Regan
    O'SCANNLAIN

    Bush
    CLIFTON
    BYBEE
    CALLAHAN
    IKUTA

    Obama
    FRIEDLAND

    Trump
    R. NELSON

    We’re likely screwed here unless a D flips. Clifton was the original dissent in the 3 judge Young panel.

    However the logic needed to find that a permit scheme that never issues permits is constitutional is definitely a Herculean task
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    We’re likely screwed here unless a D flips. Clifton was the original dissent in the 3 judge Young panel.

    However the logic needed to find that a permit scheme that never issues permits is constitutional is definitely a Herculean task

    While it may not be great, I am not sure you can definitively say Clifton will vote against Young based on just the 3 judge panel. Clifton is correct that a 3 judge panel is bound by an en banc panel decision, but an en banc can over turn another en banc. You would need to understand how Clifton has voted in other 2A panel decisions in or to better understand how they will vote in this case.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    While it may not be great, I am not sure you can definitively say Clifton will vote against Young based on just the 3 judge panel. Clifton is correct that a 3 judge panel is bound by an en banc panel decision, but an en banc can over turn another en banc. You would need to understand how Clifton has voted in other 2A panel decisions in or to better understand how they will vote in this case.

    His dissent only makes a passing mention to Peruta. The rest is pretty much an antis talking point (disregarding the antebellum pro 2A cases). I don’t see him flipping.
    On the positive side the rest of the GOP nominees are pretty rock solid.
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,285
    No need to listen/watch live... someone will be around in short order to tell everyone how they did it all wrong... and why they should have done it his way...:rolleyes:
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    I'll be watching too... Young v. State of Hawaii, No. 12-17808

    Three-Judge Panel Opinion: 896 F.3d 1044 (9th Cir. 2018)

    Order Taking Case En Banc: 915 F.3d 681 (9th Cir. 2019)

    Date of Order Taking Case En Banc: February 8, 2019

    Status: Virtual oral argument scheduled at 1:30 p.m. on September 24, 2020

    Members of En Banc Court: THOMAS, Chief Judge, and O'SCANNLAIN, McKEOWN, WARDLAW, W. FLETCHER, CLIFTON, BYBEE, CALLAHAN, IKUTA, FRIEDLAND, and R. NELSON, Circuit Judges


    Subject Matter: Appeal from the district court's dismissal of plaintiff’s 42 U.S.C. § 1983 action alleging that the County of Hawaii's denial of his application for a handgun license violated his Second Amendment right to carry a loaded firearm in public for self-defense.

    Holding: Not yet decided
     
    Last edited:

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    No need to listen/watch live... someone will be around in short order to tell everyone how they did it all wrong... and why they should have done it his way...:rolleyes:

    Apparently some people resent the fact that they cannot remain blissfully ignorant about why their rights are disappearing
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    sounds like we're gonna get a fork stuck in us on this one.

    prediction of en banc reversal. ***edit: hope i am wrong

    now, please drop dead mr young.

    :sarcasm:
     

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