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  • Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Gura is tying the new law to the old. Painting DC as simply ignoring the courts order.

    Sure but why? The order is moot as soon as they appeal. Contempt ? Not with the current circuit split.. and even then contempt is a high bar and in practice higher for a co equal branch of government..

    Maybe to give SCOTUS even more reason to grant cert in the other cases... ..

    The case in favor of contempt is weak baring some smoking gun.

    He must know what he is doing...
     

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    Sure but why? The order is moot as soon as they appeal. Contempt ? Not with the current circuit split.. and even then contempt is a high bar and in practice higher for a co equal branch of government..

    Maybe to give SCOTUS even more reason to grant cert in the other cases... ..

    The case in favor of contempt is weak baring some smoking gun.

    He must know what he is doing...


    Could be as simple as moving the middle ground. All of a sudden, smacking DC over the head and forcing them to comply with the original order is a compromise between letting them flagrantly violate the order and holding them in contempt. We can only speculate at this point. And perhaps that's the idea as well; keep the opposition off balance and confused, attacking from multiple angles, until they're so turned around they can barely defend themselves.

    Code:
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    Contempt was never going to happen.. I wish I knew what Gura is driving at...he must know contempt was a long shot..

    I am struck by the DC claim that the order was to vague...they seam to want the court to isuue an opinion that they will like even less.

    Is there any procedural method under which this can happen?

    Also if Dc can not even take applications at this time is the new scheme even in place?
    I wonder was gura is up to.

    The contempt motion seems more of a procedural thing than Gura thinking DC would actually be held in contempt.
    The way I see it now we have DC who is attaching the "constitutionality" of their licensing law to Woollard, Kachalsky, and Drake, and not to addressing the plaintiffs' injury, while plaintiffs want to be made whole (with a license that is obtainable for the ordinary citizen, not the ordinary unicorn).
     

    krucam

    Ultimate Member
    Gura filed their Response to DC's Motion for Abeyance in DC Circuit.

    12/08/2014 Open Document RESPONSE IN OPPOSITION FILED [1526088] by George Lyon, Amy McVey, Tom G. Palmer, Edward Raymond and Second Amendment Foundation, Inc. to motion to hold case in abeyance [1524398-2] [Service Date: 12/08/2014 by CM/ECF NDA] Pages: 1-10. [14-7180] (Gura, Alan

    Not just no, but **** no....
     

    Attachments

    • Palmer_CADC_AbeyanceResponse.pdf
      68.6 KB · Views: 366

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Gura filed their Response to DC's Motion for Abeyance in DC Circuit.



    Not just no, but **** no....

    Ahhhh....

    KABOOM-expositions-13710481-800-600.jpg



    That was a great quick read.
     

    krucam

    Ultimate Member
    Today was the day for the Plaintiffs (in DC District Court) Reply Brief to DC's Response Brief regarding whether the District should be held in contempt...the Reply Brief is attached.

    This Court indeed
    has the power to retain jurisdiction and ensure that the City not flout its decree by pouring the
    wine of an old, unconstitutional prohibition into a new, illusory-licensing bottle. The claim that
    this Court may only remedy the old law’s “effects,” but not technically “new” violations, is
    simply untrue.

    :)
     

    Attachments

    • Palmer_86.pdf
      143.7 KB · Views: 247

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,018
    I found the "old wine into a new bottle" analogy pleasant as well. After enough re-bottling, old wine becomes vinegar. I suspect the DC legislators will be tasting sour grapes soon, though not too soon for me.

    May they choke on it.
     

    m4strmind

    Active Member
    Nov 14, 2006
    607
    Today was the day for the Plaintiffs (in DC District Court) Reply Brief to DC's Response Brief regarding whether the District should be held in contempt...the Reply Brief is attached.



    :)

    Well, that's one of the most enjoyable reads i've had in a while.

    I cant wait till they use it to smack down MD :)
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Well, that's one of the most enjoyable reads i've had in a while.

    I cant wait till they use it to smack down MD :)

    Gotta wait for it to make it to SCOTUS. Unfortunately. If Palmer is the vehicle, we are looking at like 2016 to make it to SCOTUS, which means probably 2018~2020 before it's applicable to MD. Of course, there is Peruta & HI's case.

    Love the wine reference.
     

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