SAF files for cert in Drake (NJ may-issue)

[jrosenberger]

http://www.thetruthaboutguns.com/20...-shuns-justifiable-need-concealed-carry-case/

Yeah, I went and read the post. My point is there's almost no way they could know that if it's true.

 

[danb]

Yeah, I went and read the post. My point is there's almost no way they could know that if it's true.

If you read the comments, the original headline was wrong too. The orig headline said "shunned."

 

[Gryphon]

http://reason.com/blog/2014/04/28/supreme-court-remains-silent-on-major-gu

 

[pcfixer]

"We've seen courts rubberstamp just about any kind of law that violates the Second Amendment," Gura said of the post-Heller and post-McDonald legal landscape. "Unless the Supreme Court decides to enforce its pronouncements, the Second Amendment will apply only to the extent that some lower courts are willing to honor Supreme Court precedent."

The Supreme Court should take this case.

..


From Heller...
. Under any of the standards of scrutiny
the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster.

 

[ShallNotInfringe]

And here we go again

Will this be the week?

 

[DC-W]

And here we go again

Will this be the week?

Give it two more

 

[fightinbluhen51]

Give it two more

In light of Peruta, I'll take that option.

 

[CrazySanMan]

Waiting...

http://www.supremecourt.gov/orders/ordersofthecourt.aspx?Term=13

 

[swinokur]

Monday, Monday.

 

[CrazySanMan]

Monday, Monday.

Yeah, I think so.

 

[ryan_j]

Enjoy your weekend. No news until Monday.

 

[yellowfin]

Paging Mr. Godot.

 

[Patrick]

Bet it gets held over while Sheriff Gore decides the fate of Peruta in California.

So yeah, three more weeks.

 

[yellowfin]

Wait, didn't Gore already waive his appeal chance?

 

[Patrick]

Wait, didn't Gore already waive his appeal chance?

He said he was not going to appeal or seek en banc, but he has taken a middling road on whether he accepts the results. I got a friend out there who applied and got the same letter everyone else did. It said that depending on if the court issues the mandate, the process will move forward. That makes it sound like Gore is an unwilling participant in the permit process.

If he is just unable to pursue the fight further, then it might make sense to let the state fight in his stead. But if accepts the case ("sees the light", as esquappellate put it), then there is no longer a controversy. No controversy means no need to consider the future of this case, because it is no longer being fought by any of the responding parties.

So if Gore says, "I am done. I accept this and don't want the state or anyone else to intervene because I think the decision is correct", then it is pretty much over. The Ninth can still let the AG in, but it's a hell of a ride (as esq noted).

If Gore says, "I just don't have the fight in me, but you should let the state take over", then we're in for a rehearing in CA.

If Gore says, "I don't care what happens from here on out. I have no opinion, I just want you all to leave me out of it", then...others here suggest we are in for a re-hearing in the Ninth.


Gura is going for broke. He knows if the case is mooted by the defendant accepting the outcome, then the state tanks are on empty. That might be just what it takes to get the SCT to go for Drake.

 

[TopShelf]

some coverage by MSM - http://www.myfoxdc.com/story/254174...ine-in-supreme-court-drake-case#axzz30bbvppap

 

[Maestro Pistolero]

Relisted again for the May 9 conference.

http://www.scotusblog.com/2014/05/relist-watch-the-streak-continues/

ETA: Apparently that was a mistaken report.

 

[redeemed.man]

Relisted again for the May 9 conference.

http://www.scotusblog.com/2014/05/relist-watch-the-streak-continues/

Sounds good to me, maybe they really are giving Peruta time to get resolved.

 

[Gryphon]

Sounds good to me, maybe they really are giving Peruta time to get resolved.

They are telling the 9th to get off their asses! One way or another!

 

[ShallNotInfringe]

Relisted again for the May 9 conference.

http://www.scotusblog.com/2014/05/relist-watch-the-streak-continues/

Hasn't it been relisted twice already?? First conference was on April 18, again on the 25th (relist) and today (relist).

The orders come out Monday, don't believe that post is news.