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

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  • dbledoc

    Ultimate Member
    Apr 8, 2013
    1,484
    Howard County
    I was talking to my son who is currently clerking on one of the circuits (not the 4th). He says the 2A cases he was recently assigned to had their arguments presented 11 months ago.
    Because it is a 3 judge panel they go back and forth and argue and edit opinions. He also states that the cases take much more intense research when compared to criminal or civil cases due to the complex case history.
    So it is not surprising to him that this case is taking so long to get a judgement.
     

    Cool_Moo5e

    Active Member
    Sep 4, 2023
    493
    Harford
    I was talking to my son who is currently clerking on one of the circuits (not the 4th). He says the 2A cases he was recently assigned to had their arguments presented 11 months ago.
    Because it is a 3 judge panel they go back and forth and argue and edit opinions. He also states that the cases take much more intense research when compared to criminal or civil cases due to the complex case history.
    So it is not surprising to him that this case is taking so long to get a judgement.
    It's annoying but yes they all have to get their research done, then voice their opinion
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,479
    Howard County
    Do y'all really think that if the goverment wrote a law that said you had to take a test and present ID in order to practice your religion, protest, or vote that it would take this long? They would be expediting those opinions and fast tracking the research to stop the violations of the civil right.

    I believe they don't agree with the decision they have to make and are delaying as long as possible. Other jurisdictions have done this faster.

    My only hope at this point is that the two judges that I believe are going to side with us, write a 70 page well thought out opinion that rivals the 2nd Amendment Patron Saint Roger Benitez of SDoC.
     

    Mike1690

    Member
    Jan 28, 2016
    93
    I was talking to my son who is currently clerking on one of the circuits (not the 4th). He says the 2A cases he was recently assigned to had their arguments presented 11 months ago.
    Because it is a 3 judge panel they go back and forth and argue and edit opinions. He also states that the cases take much more intense research when compared to criminal or civil cases due to the complex case history.
    So it is not surprising to him that this case is taking so long to get a judgement.
    Thanks for this. Interesting to see how these things work
     

    Ponder_MD

    Ultimate Member
    Mar 9, 2020
    4,400
    Maryland
    Legislators pass unconstitutional laws with great expediency.

    Citizens suffer while these laws languish in the courts due to all the research. I really feel that courts need to be more liberal about dispensing injunctions that pause these laws while all the back and forth plays out. Look at how quickly SB-1 passed into law the moment Heller was decided.

    It appalls me that we fund our own opposition.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,499
    Winfield/Taylorsville in Carroll
    I was talking to my son who is currently clerking on one of the circuits (not the 4th). He says the 2A cases he was recently assigned to had their arguments presented 11 months ago.
    Because it is a 3 judge panel they go back and forth and argue and edit opinions. He also states that the cases take much more intense research when compared to criminal or civil cases due to the complex case history.
    So it is not surprising to him that this case is taking so long to get a judgement.
    I guess you weren't able to talk him into medical school.

    Being an attorney isn't too bad though. lol
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,828
    WV
    But in a vaguely practical sense , do they actually have to ? Are there any outer parameters, 1 year? 5 years? Until they retire ?
    There is no set deadline, however, if it drags on too long their Circuit Chief Judge may step in, or a motion can be made to SCOTUS.
    After Heller a public carry case was filed (Palmer) which languished for YEARS in the District court with no movement whatsoever. A motion was made to Chief Justice Roberts, and although he denied the motion to compel, IIRC he did write a short statement, which if you read between the lines, did kind of put a little pressure on the court to hurry up, and the case was reassigned to another judge since the original judge was retiring.
    In this case we're probably nowhere close to hitting those deadlines.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,434
    Having known that , at least in outline form , still begs my initial question .

    We"ve had multiple knowledgeable Lawyers here inform us that Courts Really Don't Like these motions , unless they are really really Blatant , and none of our cases is close

    The Referenced Palmer case above was Years , and didn't rate an actual Order , just a read between the lines informal hint .

    So back at my question , for For Real action from higher court is it 3 years ? 5 years ? 12 month window before an announced Retirement ?

    If a particular Judge keels over with a heart attack 2 years of foot dragging in , does the case have to be retried ? ( Seems almost a joke , but there are enough sitting judges in their 60's and 70's for actuary statistics to kick in ) .
     

    Apd09

    Active Member
    May 30, 2013
    941
    Westminster, MD
    So back at my question , for For Real action from higher court is it 3 years ? 5 years ? 12 month window before an announced Retirement ?

    I think the infuriating thing is that the SCOTUS can hear a case and then 7 months later issue a ruling. Now granted they prolly have a much lighter workload in terms of volume of cases, like 20 or so each term compared to the Circuit Courts, but they show the length of time it “should” take to decide a case.


    Sent from my iPhone using Tapatalk
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    21,972
    I think the infuriating thing is that the SCOTUS can hear a case and then 7 months later issue a ruling. Now granted they prolly have a much lighter workload in terms of volume of cases, like 20 or so each term compared to the Circuit Courts, but they show the length of time it “should” take to decide a case.


    Sent from my iPhone using Tapatalk
    But the cases at the Supreme Court level are more complicated with many more volumes of data and submissions to be reviewed and checked.

    Just read through all the Amicus Curiae Briefs in the Rahimi case as an example:
    Link to Docket:
     
    Last edited:

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,310
    But the cases at the Supreme Court level are more complicated with many more volumes of data and submissions to be reviewed and checked.

    Just read through all the Amicus Curiae Briefs in the Rahimi case as an example:
    Link to Docket:
    FIFY. You gonna do lawyer, you must be picky.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,610
    Carroll Co.
    I think the infuriating thing is that the SCOTUS can hear a case and then 7 months later issue a ruling. Now granted they prolly have a much lighter workload in terms of volume of cases, like 20 or so each term compared to the Circuit Courts, but they show the length of time it “should” take to decide a case.


    Sent from my iPhone using Tapatalk
    To be fair, they decide their own workload….
     

    Apd09

    Active Member
    May 30, 2013
    941
    Westminster, MD
    Interesting take, our favorite verbose YouTube lawyer covering what he thinks is happening here and why there’s no ruling.

    Believes Thacker ran to the entire 4th circuit and they’ve internally en banc reviewed and now the entire 4th will issue a ruling because the 3 judge panel was gonna vote 2-1 in favor of striking down the ban.




    Sent from my iPhone using Tapatalk
     
    Last edited:

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    6,936
    Anne Arundel County
    Interesting take, our favorite verbose YouTube lawyer covering what he thinks is happening here and why there’s no ruling.

    Believes Thacker ran to the entire 4th circuit and they’ve internally en banc reviewed and now the entire 4th will issue a ruling because the 3 judge panel was gonna vote 2-1 in favor of striking down the ban.




    Sent from my iPhone using Tapatalk

    If that's somehow true, it saves the step of a separate en banc and the costs associated with that. No matter what the decision, Bianchi is almost certain to be appealed back to SCOTUS by whichever party loses at 4CA, eventually. The faster that can happen, the better for us.
     

    lennyk

    Active Member
    Jan 11, 2013
    362
    Woodbine
    Completely agree, having en banc saves a lot of time. SCOTUS knows it is going do be their decision at some point. But they are big fans of tradition. They have to wait until the full circuit weighs in. Then there could be no questions.
     

    Apd09

    Active Member
    May 30, 2013
    941
    Westminster, MD
    I’ll say this, if a YouTube attorney is starting to ask questions and pose theories, I’d imagine that SCOTUS (which obviously knows about the case since they remanded it) might also be starting to wonder what’s taking so long.


    Sent from my iPhone using Tapatalk
     

    Boxcab

    MSI EM
    MDS Supporter
    Feb 22, 2007
    7,814
    AA County
    Yep, [bold]The Supreme's[/bold] are letting them craft all their " workarounds " into the record. Then, they can be addressed one by one to put an end to the resistance to Bruen.

    A few more months now may quell several more years of court battles and bad law making.


    .



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