Identify the Issues to be raised on Appeal:
I. The District Court erred in dismissing Plaintiff's Complaint under F.R.C.P. 12(b)(6)
II. The Second Amendment protects a right to carry a firearm outside the home.
III. New Jersey may not condition the exercise of the right to bear arms on a showing that a citizen
has a "justifiable need" for carrying a firearm.
IV. This Court's decision in Drake v. Filko, 724 F.3d 426 (3d Cir. 2013), was wrongly decided and
should be overturned.
Heard it on their website. Seems all parties have basically agreed that plaintiffs lose here, so they'll be heading to SCOTUS this fall
. They didn't say it directly but it sounds like they will forego an en banc request
So it looks like NJ will be the first to go to SCOTUS with a split in hand AND Kavanaugh in place.
07/03/2018 Open Document ECF FILER: UNOPPOSED Motion filed by Appellants Association of New Jersey Rifle and Pistol Clubs Inc and Thomas R. Rogers to summarily. Certificate of Service dated 07/03/2018. Service made by 3rd party, ECF. [18-2366] (DHT) [Entered: 07/03/2018 06:11 PM]
II. Because this panel is bound by Drake, however, it should summarily dispose of this appeal.
For the reasons just described, this Court’s decision in Drake was wrong on
the day it was decided, and it should be overruled by a court with authority to do so.
IF the 3rd Circuit ruled tomorrow on this, 90 days for SCOTUS appeal takes us into mid October. Believe a 30 day extension is mostly automatic, so now we're into mid November.
I would personally, after the ruling, apply for en banc. That will easily eat up a month, perhaps 2. It would also keep them from saying we didn't exhaust all legal remedies. Kavanaugh should definitely be seated by that time.
II. Because this panel is bound by Drake, however, it should summarily dispose of this appeal.
For the reasons just described, this Court’s decision in Drake was wrong on
the day it was decided, and it should be overruled by a court with authority to do so.
"Hello, 3rd Circuit? Yes, I'd like to speak to your supervisor!"
Ginsberg is looking a little pale......
I think they prop her up like it's weekend at Bernie's when the scotus in in session..
the NRA filed this motion which asks the court to rule against it quickly so that they can ask for en banc quickly or cert
the NRA filed this motion which asks the court to rule against it quickly so that they can ask for en banc quickly or cert
I don't know why you guys are so adverse to Ginsberg. I've already made plans to visit her grave after she passes, just not immediately. Figure I'll wait 4 or 5 months so the urine puddles have time to dry first.