Kolbe v O'Malley being Appealed to CA4

[mxrider]

Not at all. 28j letters are as common as can be and the court very much expects them from counsel.

While that may be the case, doesn't introducing new information at this juncture cause the panel to take that into account thereby delaying their decision?

 

[jcutonilli]

While that may be the case, doesn't introducing new information at this juncture cause the panel to take that into account thereby delaying their decision?

I am not sure I would categorize the ruling as new information. It is conceptually very similar to Heller II, Friedman, and the original Kolbe ruling. It is unlikely to have much of an impact on the 4th circuit because of this.

 

[esqappellate]

While that may be the case, doesn't introducing new information at this juncture cause the panel to take that into account thereby delaying their decision?

take into account? Sure Delay? Naaa

 

[Blacksmith101]

take into account? Sure Delay? Naaa

Are you implying their minds are already made up?

 

[esqappellate]

Are you implying their minds are already made up?

sure The psnel voted on the day of the argument The opinion was then assigned Not final of course until opinion is released and judges can and do change their minds while opinions are being drafted

 

[rockstarr]

2 more weeks

 

[Racer Doug14]

This is ridiculous.

 

[PJDiesel]

This is ridiculous.

Always is. The longer Woollard drug on, the more obvious it became we (he) was getting the shaft.

 

[aireyc]

Always is. The longer Woollard drug on, the more obvious it became we (he) was getting the shaft.

Woollard was decided in less than five months. We've already passed the seven month mark for this. I'm pretty sure Chief Judge Traxler is writing the opinion, and his opinions over the last few years average like 4.5 months. I'd figure it took 5-6 months here due to the seriousness and complexity of the case, and now we're waiting on King to dissent. That's probably the hold up. King was on the Woollard panel and we know how that went. I could be entirely off base, but that's my prediction based on history, the makeup of the panel, and oral arguments.

 

[Jim12]

Maybe O'Mao's presidential aspirations have something to do with the timing. Could help or hurt his chances. If a win for him, could double and put him into single digits instead of fractional...

 

[swinokur]

best guess 3%

 

[PJDiesel]

Woollard was decided in less than five months. We've already passed the seven month mark for this. I'm pretty sure Chief Judge Traxler is writing the opinion, and his opinions over the last few years average like 4.5 months. I'd figure it took 5-6 months here due to the seriousness and complexity of the case, and now we're waiting on King to dissent. That's probably the hold up. King was on the Woollard panel and we know how that went. I could be entirely off base, but that's my prediction based on history, the makeup of the panel, and oral arguments.

I was speaking more about the entirety, the stay and appeal.

 

[Jaybeez]

Woollard was decided in less than five months. We've already passed the seven month mark for this. I'm pretty sure Chief Judge Traxler is writing the opinion, and his opinions over the last few years average like 4.5 months. I'd figure it took 5-6 months here due to the seriousness and complexity of the case, and now we're waiting on King to dissent. That's probably the hold up. King was on the Woollard panel and we know how that went. I could be entirely off base, but that's my prediction based on history, the makeup of the panel, and oral arguments.

This was my guess too.

 

[moojersey]

So sounds like we probably lost this round?

 

[swinokur]

this might be the last round if SCOTUS isn't interested in granting CERT.

 

[rockstarr]

this might be the last round if SCOTUS isn't interested in granting CERT.

seems to me that the supreme court has had its fill up 2A cases and doesn't want anymore

 

[Jaybeez]

So sounds like we probably lost this round?

no, we were speculating that the judge that has written pro 2A opinions in the past, is or has taken his time to write a good opinion that favors us, and the lone judge that has been anti 2A in the past is dragging his feet on the dissent.

 

[Abulg1972]

this might be the last round if SCOTUS isn't interested in granting CERT.

If the 4th Circuit rules in the plaintiffs' favor, then there will be a split of authority among the circuits making it much more likely that SCOTUS would agree to grant cert if/when Maryland appeals the decision. I think that it's inevitable that the SCOTUS will hear this kind of case - it's just a question of finding the right case. I really do wish that it would issue a clear and broad opinion on the meaning of the 2nd Amendment so that we can stop wasting so much time and money on this issue. Either we have an inalienable right to keep and bear arms in common use or we don't.

The problem, of course, is that the SCOTUS is very choosy about the cases that it takes. Generally, the "right" cases have to present really important legal issues and the facts of the case have to frame those issues in just the right way. Basically, you need a perfect storm. I'm sure that one of the reasons the court hasn't taken up this issue is the fact that what's "commonly owned for lawful purposes" is constantly changing. How do you define that concept? I think it's clear from the oral arguments that the 4th Circuit struggled with this issue. Also, an opinion is only as good as the laws in effect today. Right now, we're dealing with the prohibition of a certain number of "assault rifles" identified by Maryland's General Assembly. That law could be amended next session to add additional prohibited firearms, and then the question is, okay, well do these new firearms fall within the scope of the SCOTUS' opinion or not? The problem with this case is that there is no home run issue that clears the deck. It's unfortunate that the people running our government no longer see firearms as an important part of our history.

 

[ultraplanet]

Maybe O'Mao's presidential aspirations have something to do with the timing. Could help or hurt his chances. If a win for him, could double and put him into single digits instead of fractional...

I like this thought... Going to hurt MOM's chances so they will wait till he's done.

 

[pcfixer]

and today's decision — demonstrate that willing states can enact meaningful reform to improve public safety without violating the Second Amendment," Jepsen said in a statement.

http://my.earthlink.net/article/us?guid=20151019/f225b6d6-26f7-4c1a-a331-cbc1d1b723fd

Also Kolby waiting on Freidman, Could USSC take this?