Supreme Court remits MD assault weapons ban back to lower courts in light of Bruen vs. NY ruling

[Abacab]

No circuit court has overturned a rifle ban and that's not about to change. Fun to imagine it happening but it's not going to.

 

[Mike1690]

No circuit court has overturned a rifle ban and that's not about to change. Fun to imagine it happening but it's not going to.

We know that. I’m hoping to see one go up to the SCOTUS to hopefully settle the issue once and for all

 

[MattFinals718]

We know that. I’m hoping to see one go up to the SCOTUS to hopefully settle the issue once and for all

I'm still cautiously optimistic that will happen. I also admit that I expect SCOTUS to put off that eventuality for as long as they can.

 

[JollyPedro]

We know that. I’m hoping to see one go up to the SCOTUS to hopefully settle the issue once and for all

Ours was at SCOTUS, they remanded it back the same time they released the Bruen ruling telling the 4th Circuit to rule on its merits....

 

[rbird7282]

Don’t see it influencing anything. If nothing else once CA appeals MD will say they’re waiting for this to wind its way through CA and will follow along but because it’s such an important topic they want to be sure they’re not causing the split and fast tracking to SCOTUS.


Sent from my iPhone using Tapatalk

MD won’t say a damn thing, they’ll just let it drag on


Sent from my iPhone using Tapatalk

 

[Allen65]

Ours was at SCOTUS, they remanded it back the same time they released the Bruen ruling telling the 4th Circuit to rule on its merits....

And now the 4CA panel is sitting on it indefinitely because they know once they make a decision, if it's not to overturn the law, SCOTUS will proceed to do it for them.

 

[motorcoachdoug]

Can a writ of mamas be presented to SCOTUS ordering 4CA to make a ruling?

 

[Mike1690]

Ours was at SCOTUS, they remanded it back the same time they released the Bruen ruling telling the 4th Circuit to rule on its merits....

That’s the problem, the 4 CA isn’t ruling. They apparently won’t either.

 

[Mike1690]

Can a writ of mamas be presented to SCOTUS ordering 4CA to make a ruling?

It’s been nearly 11 months since oral arguments. I would think that would be appropriate.

 

[JollyPedro]

T

That’s the problem, the 4 CA isn’t ruling. They apparently won’t either.

They will have to rule eventually.....All we can do is wait.

 

[KingClown]

T

They will have to rule eventually.....All we can do is wait.

Eventually the problem is how long can they sit on it before ruling. I myself have no idea but it would seem that they can sit on it for decades

 

[JohnnyE]

How often do circuit courts of appeals allow an oral argument in a case to celebrate an anniversary before issuing a ruling?

 

[Mike1690]

Eventually the problem is how long can they sit on it before ruling. I myself have no idea but it would seem that they can sit on it for decades

Exactly. Maybe not decades but long enough for the SCOTUS to flip back to ensure an unfavorable ruling

 

[lazarus]

How often do circuit courts of appeals allow an oral argument in a case to celebrate an anniversary before issuing a ruling?

Fairly common. But I can't speak to remanded cases. Nor can I speak to 4CA specifically, but I think the average length of time is something like 14 months? I am working off memory here, I looked it up a few months ago.

 

[rambling_one]

There ought to be a law against misfeasance.

 

[Mike1690]

Fairly common. But I can't speak to remanded cases. Nor can I speak to 4CA specifically, but I think the average length of time is something like 14 months? I am working off memory here, I looked it up a few months ago.

I think someone posted that the average time for the 4th CA is between 7-8 months. IIRC its several pages back in this thread.

 

[Mike1690]

How often do circuit courts of appeals allow an oral argument in a case to celebrate an anniversary before issuing a ruling?

Non 2A cases? Pretty rare I think. 2A cases? More common I suspect. Thomas is right, the 2A is a disfavored right

 

[lazarus]

I think someone posted that the average time for the 4th CA is between 7-8 months. IIRC its several pages back in this thread.

That includes criminal cases, which almost always have priority (well, they do over 2A cases anyway).

 

[Occam]

That includes criminal cases, which almost always have priority (well, they do over 2A cases anyway).

One of the reasons that Montgomery County is trying so hard not to accidentally arrest someone for violating its absurd new Sacred Spaces law. The examination of their 100% unconstitutional law would slip from molasses-like civil proceedings into a criminal proceeding that might ultimately get the matter back in front of Clarence Thomas too quickly for their taste.

 

[Crazytrain]

Just guessin'... They will hold on for another two to three months then remand down for retrial. Then back to circuit. Could take yeeeeeaaars. Or maybe I'll be pleasantly surprised. I'm due.