SAF files for cert in Drake (NJ may-issue)

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  • Elliotte

    Ultimate Member
    Aug 11, 2011
    1,207
    Loudoun County VA
    No lawyer ever turns in briefs early, it gives the opposition additional time to pick their argument apart.

    Plus it takes away a good chance for you to incorporate any other court case rulings that may be released before your due date. Yes you can always submit a notice of supplemental authority after the fact, but if you can, it's better to work it in to your main argument.
     

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    I'm really curious what Mary Beth Wood from the NJ AG office will write. I'm really hoping they grant cert because apart from the obvious benefit of NJ "almost no-issue" being reviewed by S.Ct, I am really looking forward to her being completely destroyed and bumbling around in orals like she was in the 3rd circuit.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I'm really curious what Mary Beth Wood from the NJ AG office will write. I'm really hoping they grant cert because apart from the obvious benefit of NJ "almost no-issue" being reviewed by S.Ct, I am really looking forward to her being completely destroyed and bumbling around in orals like she was in the 3rd circuit.

    Would it necessarily be her again or would they just get a hired gun? Seems after her disastrous (although "winning" argument) NJ would want someone who can actually answer a question from a judge who doesn't agree with her.

    Then again if Chris Christie wants to throw the case, stick with her.
     

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    Would it necessarily be her again or would they just get a hired gun? Seems after her disastrous (although "winning" argument) NJ would want someone who can actually answer a question from a judge who doesn't agree with her.

    True enough. They have other Deputy AGs so they could choose another.

    Then again if Chris Christie wants to throw the case, stick with her.

    That may be plausible. CC is definitely backing off on defending NJ's horrendous carry laws in court. The case with the two arson investigators was defended by the county prosecutors and I believe Pantano will also not be defended by the AG as well.

    I still don't believe he is pro gun, but he might be distancing himself from being publicly an anti.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    No lawyer ever turns in briefs early, it gives the opposition additional time to pick their argument apart.

    I didn't know the amicus deadlines for the Supreme Court. I assumed the time had passed since the deadline is 7 days for federal appeals courts.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    The Supreme Court gives 30 days for amicus to support the petitioner, petition was filed on 9 January, making today the 30th day, but the Court extends the deadline to the next business day if the Court is closed on the final day of the allotted period. That makes any amicus in support of Drake due on Monday, 10 February, plus the clerk may take a day or two to update the docket website.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    The Supreme Court gives 30 days for amicus to support the petitioner, petition was filed on 9 January, making today the 30th day, but the Court extends the deadline to the next business day if the Court is closed on the final day of the allotted period. That makes any amicus in support of Drake due on Monday, 10 February, plus the clerk may take a day or two to update the docket website.

    Can't they just ask for an extension to file amicus briefs? I rarely see SCOTUS refuse those kind of requests.
     

    243hunter

    Active Member
    Oct 26, 2012
    477
    Illinois
    The email that they sent out for approvals was apparently a test because ISP later sent an email apologizing and saying it's a test.

    twice now. First time they showed up as approved on the ISP CCw website. Second time they sent out an email to everybody about receiving there applications, and instructions also got an email saying they had been approved. Which was followed by another email saying it was just another test.

    maybe third time will be a charm.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,233
    Hanover, PA
    I'm sending them another $50 at the end of the month. I don't mind but they call me like I owe them money.

    Sent from my Nexus 7 using Tapatalk
     

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    I often criticize them for neglecting NJ but I'm glad they're stepping up. ANJRPC, a party to this suit is the NRA state affiliate.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Sorry, the reason I got this is because I am on the Madison society's mailing list so this came in a email with instructions to share. I hope someone posts it when available.

    When should a decision be made as to Drake for better or worse. I'd love to hear any alternative theories but I can't see any other reason for the Ninth to delay a ruling unless its waiting for Drake and possibly McCraw in hopes of Supreme Court guidance.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Respondent's brief is due 14 March, assuming the state does not ask for any additional time, the earliest it could be distributed would be for the conference of 28 March. If they discuss it at the 28 March conference, they would announce their decision on 31 March.

    I almost hope the SC takes McCraw with the NRA's questions and holds Drake, figuring that Texas would be more likely to agree on bearing arms outside the home even if they continue the fight against 18-20yos.
     

    kcbrown

    Super Genius
    Jun 16, 2012
    1,393
    My prediction is that SCOTUS will deny cert to McCraw as well as Drake, since they can answer the age question in BATF, and my belief is that SCOTUS doesn't want to touch carry with a 10-foot pole because it's too politically "controversial".

    That means, of course, that we're not going to get carry out of SCOTUS at all, since the current composition will not give it to us and the only direction a compositional change is going to result in is away from recognition of RKBA as a right, not towards it, thanks to the fact that the Republican party is self-destructing before our eyes and the demographic trend in the country is towards authoritarianism (see Colorado for proof of that trend).
     

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