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Old October 26th, 2010, 01:54 PM #11
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awesome news!
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Old October 26th, 2010, 02:08 PM #12
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Quote:
Originally Posted by ezliving View Post
I understand the importance of judicial precedent, but would the LTCF law changed in Maryland to shall-issue be worth dismissing Woollard v. Sheridan?

I say, "you betcha."
It'd be good in the short term, but I'd worry that after the SCOTUS gets stacked by the libs the laws would swing backwards. Then they'd go to the top and get the wrong precedent...

Usually I'm an optimist, but I'm learning....
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Old January 7th, 2011, 05:51 PM #13
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A filing yesterday in Sykes/McGinness, now Richards/Prieto.

Quote:
01/06/2011 51 ORDER by Chief Judge Anthony W. Ishii: Due to the elevation of Magistrate Judge Kimberly J. Mueller to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Dale A. Drozd*. (Manzer, C) (Entered: 01/06/2011)
What is the "this action" he's referring to? Docket is here if anyone has an idea: http://ia700408.us.archive.org/4/ite...26.docket.html

Tomorrow, expect a filing stating affidavit of "no filing", because it is Saturday.
That is all...
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Old January 14th, 2011, 12:40 PM #14
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Plaintiff MSJ has been filed in Richards (nee Sykes): http://www.archive.org/download/gov....91626.54.1.pdf

I thought it read eerily similar to recent brief in either NJ or NC, particularly the opening.

Full Docket is here: http://www.archive.org/download/gov....26.docket.html

Also, Oral Arguments are scheduled and coming up quick, Feb 10, 2011.
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Old January 15th, 2011, 08:49 AM #15
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Some differences in approach between the two coasts. Mostly I'd say its a matter of tone. In CA, Gura almost falls over himself making it clear the state has a ton of regualtory options left even if they toss the 'good and substantial' bit and go shall-issue.

On the East Coast, the briefs are quite direct and less conciliatory.

I think it's an analysis on their part of the various circuits involved, as well as an exercise of different tactics on different fronts. You do what works best in each geography and then maybe apply lessons (good and bad) to your other cases.

The SAF has a lot on their side in their approach. They get to position arguments early in some cases, pick up the defensive strategy used by the government and then counter it. Then when they make a similar move in the other place, they are preemptively postured for the defense. The other side is also coordinating, but their hands are bit more tied than ours.

Thurgood Marshall began doing the same before he was put on the bench. This is his approach, writ-large. It will work.
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Old January 15th, 2011, 11:50 AM #16
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Just a random thought here....

Alan Gura, through the auspices of the SAF, is stirring up quite a hornets nest, litigation wise. Would it make sense to offer him a judgeship?
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Old January 15th, 2011, 11:58 AM #17
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Quote:
Originally Posted by Al Norris View Post
Just a random thought here....

Alan Gura, through the auspices of the SAF, is stirring up quite a hornets nest, litigation wise. Would it make sense to offer him a judgeship?
Would he take the pay cut?

I wouldn't bet on the current POTUS nominating him anyways. He's young, 10-15 years on a Federal bench then SCOTUS?
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Old January 15th, 2011, 03:26 PM #18
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Quote:
Originally Posted by Al Norris View Post
Just a random thought here....

Alan Gura, through the auspices of the SAF, is stirring up quite a hornets nest, litigation wise. Would it make sense to offer him a judgeship?
Only if its on SCOTUS

I'm confident that he knows what "Shall Not Be Infringed" means.
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Old January 16th, 2011, 10:22 AM #19
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Even on SCOTUS it would be a bad call for someone as valuable as Gura. He has more influence and power as an attorney because he can work full time on 2A issues. As a SCOTUS judge his voice is diluted among 8 other justices and will only serve the 2A once every few years when a related case comes up.
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Old January 16th, 2011, 11:43 AM #20
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Quote:
Originally Posted by Oreo
As a SCOTUS judge his voice is diluted among 8 other justices and will only serve the 2A once every few years when a related case comes up.
That was kinda my point. As a federal judge (district, circuit or Justice), he would be effectively stifled. Not saying he would accept an appointment, but one never knows....
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