bump stock cert petition filed in Codrea/Guedes

danb · Jan 17, 2020

Zilch on this today. Otherwise, 6 cases granted.

esqappellate · Jan 17, 2020

danb said:
Zilch on this today. Otherwise, 6 cases granted.

Check back on Tuesday's order list. That's the test. I am hoping for a relist.

aireyc · Jan 21, 2020

Relisted

DivingDriver · Jan 21, 2020

RoadDawg · Jan 21, 2020

danb · Jan 21, 2020

Dont get too excited, we could be getting a dissent from denial of cert.

RoadDawg · Jan 21, 2020

danb said:
Dont get too excited, we could be getting a dissent from denial of cert.

Not excited... just hopeful.

press1280 · Jan 21, 2020

danb said:
Dont get too excited, we could be getting a dissent from denial of cert.

Yea with 2 or more the odds go up for a dissent. Then again what about a per curiam vacate and remand?

esqappellate · Jan 26, 2020

press1280 said:
Yea with 2 or more the odds go up for a dissent. Then again what about a per curiam vacate and remand?

Actually pretty good odds for a summary reversal. Right now, the odds are roughly 50/50 for a summary reversal or plenary review cert. grant. My money on a per curiam summary reversal on Chevron grounds, viz, a holding that the D.C. Circuit erred in insisting on applying Chevron where the government had expressly disavowed Chevron. IN other words, Chevron is not jurisdictional and thus is subject to the normal rules for forfeiture and waiver.

RoadDawg · Jan 26, 2020

esqappellate said:
Actually pretty good odds for a summary reversal. Right now, the odds are roughly 50/50 for a summary reversal or plenary review cert. grant. My money on a per curiam summary reversal on Chevron grounds, viz, a holding that the D.C. Circuit erred in insisting on applying Chevron where the government had expressly disavowed Chevron. IN other words, Chevron is not jurisdictional and thus is subject to the normal rules for forfeiture and waiver.

Cautiously optimistic. :thumbsup:

Kicken Wing · Jan 26, 2020

The update is always appreciated, esqappellate. I echo RoadDawgs comment above.

press1280 · Jan 27, 2020

Not on today's order list again.....

esqappellate · Jan 27, 2020

press1280 said:
Not on today's order list again.....

and the odds go up for summary reversal on Chevron and a remand instructing the D.C. Circuit to conduct a de novo review of the statutory question, ala Judge Henderson in dissent.

danb · Feb 14, 2020

relisted for Feb 21st conference.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-296.html

I observed that a number of cases from the 24th did not get relisted until today. There are about a dozen cases, many of which were relists for the 24th, which got re-listed just today. So, nothing special about this delay, the court was simply in recess.

esqappellate · Feb 15, 2020

danb said:
relisted for Feb 21st conference.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-296.html

I observed that a number of cases from the 24th did not get relisted until today. There are about a dozen cases, many of which were relists for the 24th, which got re-listed just today. So, nothing special about this delay, the court was simply in recess.

Right, the relists go up about a week before the Friday conference.

danb · Feb 24, 2020

Nada.

At this point I'm thinking a dissent from cert denial.

Inigoes · Feb 24, 2020

An interesting tea leaf on an unrelated case:

Thomas' volley against Chevron is also sure to please conservative court watchers, who see the case as a blanket empowerment of the administrative state that upsets the balance of power between the three branches of the federal government.

https://www.foxnews.com/politics/in...t-should-overrule-decision-authored-by-thomas

press1280 · Mar 1, 2020

Inigoes said:
An interesting tea leaf on an unrelated case:

https://www.foxnews.com/politics/in...t-should-overrule-decision-authored-by-thomas

Well there’s one justice. Do we know where the others stand on Chevron?

jcutonilli · Mar 1, 2020

Based on how they voted in this case https://www.scotusblog.com/case-files/cases/kisor-v-wilkie/ Gorsuch and Thomas are most opposed to Chevron, Alito and Kavanaugh less opposed but still likely to overturn, Roberts seems willing to vote either way. Given all the concur in part that went on, there may not be enough consensus among them to reliably overturn Chevron.

Inigoes · Mar 1, 2020

We do not need Chevron overturned, just the court telling the BAFTE it cannot change the meaning of the written legal definitions.

bump stock cert petition filed in Codrea/Guedes

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