En banc Decision in Peruta -- a loss

[usa259]

I read the Sheriff's article and think his writing was neutral. Commentors seem to see it differently. Is it that subtle that I didn't notice?

 

[esqappellate]

Will results of a Thursday Conference come out Friday or the typical Monday?

Probably on Friday.

 

[Inigoes]

We still have 4 more "Reschedules"

Currently Peruta is a 6, Cateano was 10

 

[GlocksAndPatriots]

He totally omitted the 3 judge panel decision at CA9....

To be fair, an en banc ruling makes it such that the panel ruling never happened.

 

[esqappellate]

To be fair, an en banc ruling makes it such that the panel ruling never happened.

Well, not quite. It is not precedent, to be sure. Even a vacated decision can be cited by other circuits to the extent that the panel decision has persuasive effect.

 

[esqappellate]

We still have 4 more "Reschedules"

Currently Peruta is a 6, Cateano was 10

Well, not quite. Peruta got rescheduled multiple times, but has been "relisted" only once. Caetano was actually relisted multiple times. Relisted means it was actually on the Calendar and was considered in the Conference and then reset after that conference. The "reschedules" in Peruta were issued after being set for a Conference, it was then set for another Conference *before* being considered by the Court in a Conference. That's the distinction between "relisted" and "rescheduled" Now, whether that distinction is of much relevance is open for debate in terms of the ultimate impact on whether the case will have cert. granted.

 

[Inigoes]

Well, not quite. Peruta got rescheduled multiple times, but has been "relisted" only once. Caetano was actually relisted multiple times. Relisted means it was actually on the Calendar and was considered in the Conference and then reset after that conference. The "reschedules" in Peruta were issued after being set for a Conference, it was then set for another Conference *before* being considered by the Court in a Conference. That's the distinction between "relisted" and "rescheduled" Now, whether that distinction is of much relevance is open for debate in terms of the ultimate impact on whether the case will have cert. granted.

As long as the opinion is a Per Curiam smacking down the CA9, it's all good

 

[esqappellate]

As long as the opinion is a Per Curiam smacking down the CA9, it's all good

I would take a per curiam in a heart beat. Better would be a full blown decision

 

[Mike OTDP]

I'm betting that SCOTUS won't touch a 2A case until there's a replacement for either Kennedy or one of the liberal Justices. There's too much at stake, and the odds strongly favor waiting.

 

[Not_an_outlaw]

What baffles me is that you and all of the lawyers that brought the cases don't want to acknowledge that the individual right actually provides the public's safety and that the government does not really provide public safety. That would completely undermine the governments argument.

I think specifically what you may be stating is that areas that have CCW are safer than places that do not. Is that correct?

 

[GlocksAndPatriots]

I think specifically what you may be stating is that areas that have CCW are safer than places that do not. Is that correct?

I don't want to touch that argument, because that basically implies that the right is dependent on statistics. It's not.

 

[DanGuy48]

Am I the only one that is feeling very ill at ease about this whole thing? I'm not a legal whiz but have been reading the back and forth here with interest and it's not making me feel very optimistic.

 

[jcutonilli]

I think specifically what you may be stating is that areas that have CCW are safer than places that do not. Is that correct?

I am not very familiar with the CCW statistics, but it would not surprise me that areas that have CCW are safer than places that do not.

What I am talking about has nothing to do with statistics. It has everything to do with the fact that the public is a collection of individuals. That same relationship governs the connection between self defense (individual safety) and public safety.

All of the cases, including Peruta, talk only about the individual and loose because the government cites public safety. They fail to present the fact that collections of individuals become the public's safety.

 

[Not_an_outlaw]

I am not very familiar with the CCW statistics, but it would not surprise me that areas that have CCW are safer than places that do not.

What I am talking about has nothing to do with statistics. It has everything to do with the fact that the public is a collection of individuals. That same relationship governs the connection between self defense (individual safety) and public safety.

All of the cases, including Peruta, talk only about the individual and loose because the government cites public safety. They fail to present the fact that collections of individuals become the public's safety.

I'd like to here more.

 

[jcutonilli]

I'd like to here more.

I am not sure what else to say about it. Most/all 2A cases are brought based on an individual right of self defense. The government cites public safety and the individual right gets curtailed. Individual rights (including the 1st amendment) get curtailed when public safety is the compelling government interest. Instead of arguing the case as an individual right, argue it as a public safety issue. It is based on the collection of individuals commonly referred to as the public.

 

[Southwest Chuck]

I am not sure what else to say about it. Most/all 2A cases are brought based on an individual right of self defense. The government cites public safety and the individual right gets curtailed. Individual rights (including the 1st amendment) get curtailed when public safety is the compelling government interest. Instead of arguing the case as an individual right, argue it as a public safety issue. It is based on the collection of individuals commonly referred to as the public.

File another suit or amend this one. Add the 5 million members of the NRA as individual plaintiffs. Wouldn't that will give you a nice chunk of public, for public safety purposes ? ......

 

[krucam]

Chatter on SCOTUSBlog's Relist Watch over Peruta....

http://www.scotusblog.com/2017/05/relist-watch-103/#more-255661

 

[Decoy]

Chatter on SCOTUSBlog's Relist Watch over Peruta....

http://www.scotusblog.com/2017/05/relist-watch-103/#more-255661

"Four times, Peruta has been rescheduled – a procedure that, despite the court’s modest explanatory efforts, remains largely shrouded in mystery. It may be that the court was moving the case forward incrementally to ensure that the case was not considered at conference until the court had its full complement of members. In any event, the court relisted Peruta for the first time, which is good news for petitioners’ counsel, who include former solicitor general Paul Clement."

 

[fightinbluhen51]

Will results of a Thursday Conference come out Friday or the typical Monday?

Will the sun rise? Yes.

 

[Kharn]

Probably on Friday.

Grants possibly Friday, but the Court does not have a public session until Monday for the orders list.