Mr H
Banana'd
IIRC, the Gov can choose not to fund a particular action??
IIRC, the Gov can choose not to fund a particular action??
So what's the next step?
Is Frosh able to appeal the current ruling to the Supreme Court, or must he want for the District to implement this ruling?
I think this is the gun control case Justice Roberts has been keeping his powder dry for.
I see a YUGE win if it goes to SCOTUS.
I think this is the gun control case Justice Roberts has been keeping his powder dry for.
I see a YUGE win if it goes to SCOTUS.
Question : is it up to Frosh if the state moves forward or can Hogan place Frosh on a leash on this. Could be a ace up the sleeve for Hogan to get bills passed that he wants.
He can appeal to SCOTUS, but he won't. He'll request a rehearing in front of a larger panel of Judges at the 4th Circuit. If he loses again, he'll allow the case to be remanded before bringing it all the way up to SCOTUS. The case simply isn't ready to be heard by SCOTUS at this point. USDC needs to apply the new scrutiny first.
IANAL but I'm curious if this may be the case that SCOTUS IS looking for because as it stands now, even if they agree with the opinion, they wouldn't be overturning the law, simply ruling on scrutiny which is something the lower courts are always struggling with. It's an opportunity to steer the lower courts in the proper direction w/o having to take responsibility (directly) for evil rifles causing blood in the streets.
I understand that logic, but that's not how these things work. Once the USDC has applied both intermediate and strict scrutiny to the case then it will go up.
I am afraid it might depend on who the next potus is that gets to appoint a couple new scotus judges.
Then why is Frosh talking about appealing en banc and SCOTUS?
After reading Chief Judge Traxler's bio I wonder if he might be on the short list of potential judges if a conservative gets elected President? He might be all right with the Senate Democrats because of the Clinton connection.
SCOTUS is coming. No doubt about it. Timing is the issue. Also, he's a politician. He is pandering to his base voters.
I understand that logic, but that's not how these things work. Once the USDC has applied both intermediate and strict scrutiny to the case then it will go up.
that's great I wonder what kcbrown will have to say about this
Why? I don't see why a writ can't be filed and granted with SCOTUS based on this opinion.