Gould v. O'Leary 1st Circuit(Mass. CCW challenge)

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  • balttigger

    Ultimate Member
    Oct 15, 2008
    3,051
    Middle River, MD
    I think the big reason why SCOTUS has not granted cert to many landmark cases is they couldn't get 4 justices to vote for them. I am sure they had no problem getting a yea from Thomas, Alito and Scalia/Gorsuch, but none of the others had the fuzzies to join. I have a feeling with whomever replaces Kennedy will start casting that 4th vote.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Given the history of the 1st circuit in the past when it comes to 2A rights,the first is moving this as quickly as possible because they have already made up their minds and want this to go away into the night.

    The opinions from the first circuit are overwhelmingly felon cases.
    Im willing to give them an open mind since it's balanced between GOP and Democrat nominees. That's in contrast to CA9 and CA2.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Given the history of the 1st circuit in the past when it comes to 2A rights,the first is moving this as quickly as possible because they have already made up their minds and want this to go away into the night.

    Things move very fast in the 1st Circuit as a rule. It is very small circuit. It has only 6 judges and the smallest population base of any circuit (with the exception of the D.C. Circuit). So it has far fewer cases than other circuits.
     

    Knuckle Dragger

    Active Member
    May 7, 2012
    213
    Not only does CA1 have only six judges, they have still have four senior judges on active service, no vacancies, and Justice Souter sits by designation. Things should move quickly here.

    However, if any one of them has an open mind, I've yet to see it. To a judge, they've been nothing short of openly hostile to Second Amendment cases. I expect nothing different in this case.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Not only does CA1 have only six judges, they have still have four senior judges on active service, no vacancies, and Justice Souter sits by designation. Things should move quickly here.

    However, if any one of them has an open mind, I've yet to see it. To a judge, they've been nothing short of openly hostile to Second Amendment cases. I expect nothing different in this case.

    Have they announced the panel?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Not only does CA1 have only six judges, they have still have four senior judges on active service, no vacancies, and Justice Souter sits by designation. Things should move quickly here.

    However, if any one of them has an open mind, I've yet to see it. To a judge, they've been nothing short of openly hostile to Second Amendment cases. I expect nothing different in this case.

    Don't be surprised if one of the panelists is a district court judge.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    I just got off the phone with David THompson who is arguing this case tomorrow. He is sitting in a hotel in Boston with stacks of case law that he won't need to use apparently due to the Ninth ruling in young.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    I just got off the phone with David THompson who is arguing this case tomorrow. He is sitting in a hotel in Boston with stacks of case law that he won't need to use apparently due to the Ninth ruling in young.


    There had to be a lot of revisions today, haha!


    Such fantastic news.
     

    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    I just got off the phone with David THompson who is arguing this case tomorrow. He is sitting in a hotel in Boston with stacks of case law that he won't need to use apparently due to the Ninth ruling in young.

    How would the 9th's ruling in Young impact this case?
     

    Knuckle Dragger

    Active Member
    May 7, 2012
    213
    Gould is next to last on tomorrow's calendar. Each side has 10 minutes which means that Boston, Brookline, and the Commonwealth will be splitting that 10 minutes. Something tells me that arguments will on a little long. I'll be in the courtroom and will post an update afterwards. CA1 usually released audio the next day.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Code:
    Gould is next to last on tomorrow's calendar. Each side has 10 minutes which means that Boston, Brookline, and the Commonwealth will be splitting that 10 minutes. Something tells me that arguments will on a little long. I'll be in the courtroom and will post an update afterwards. CA1 usually released audio the next day.

    Thanks for keeping us updated!
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    Keep given'm hell! And thanks for fighting for us!

    I just got off the phone with David THompson who is arguing this case tomorrow. He is sitting in a hotel in Boston with stacks of case law that he won't need to use apparently due to the Ninth ruling in young.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    It would be non-binding precedent for CA1. It would also show a very thorough Historical analysis of the right which CA2/CA3/CA4 neglected to do...and the Supreme Court said should be done...

    It's another win for our side that can be cited. The other side seems to want to count score and say that more circuits ruled this way than that way.

    The defendants in this case are also trying their best to make this a pure CCW case. Hopefully this is emphatically put down in oral arguments since the LTC A doesn't differentiate between open and concealed.
     

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