Wrenn PI Granted (DC Shall Issue)

[kcbrown]

Awesome.

But if the 9th Circuit's behavior is any indication as to how the "progressives" on this court will behave (7 Democrat nominees plus Henderson versus 3 Republican ones), then this will be taken en banc and reversed.

 

[swinokur]

well if that happens is a En Banc reversal grounds for SCOTUS to grant Cert?

 

[Elliotte]

It's a looong read, but a good one. The judge does a good job of fairly addressing the District's points and concerns and following Heller I's template, showing how it's unconstitutional.

 

[esqappellate]

Wait to see if DC files for a stay upon appeal in the next day or so.

The last time registration was open, there was an avalanche of people getting their carry permits.

The Court has already issued its standard order staying the court's mandate until 7 days after the disposition of any petition for rehearing or the expiration of the time to file such a petition. That the SOP for the DC Circuit, not unique to this case. See attached. So, the decision is NOT in effect, at least not yet.

 

[swinokur]

And yet this is expected to be reversed En Banc?

 

[yellowfin]

Awesome.

But if the 9th Circuit's behavior is any indication as to how the "progressives" on this court will behave (7 Democrat nominees plus Henderson versus 3 Republican ones), then this will be taken en banc and reversed.

Unless they figure they can't keep poking the bear by being so blatantly dishonest and/or DC isn't as big a prize as CA to defend. They may very well lay down on DC so SCOTUS doesn't give us NY, MD, CA, and NJ.

 

[esqappellate]

And yet this is expected to be reversed En Banc?

The DC Circuit is not the 9th. En banc in the DC Circuit is rare. A whole body of DC Circuit law on that.

 

[mxrider]

The Court has already issued its standard order staying the court's mandate until 7 days after the disposition of any petition for rehearing or the expiration of the time to file such a petition. That the SOP for the DC Circuit, not unique to this case. See attached. So, the decision is NOT in effect, at least not yet.

I was just about to post this. So this means the following if I am learning lawyer talk:

The decision does not go into effect until 7 days after a decision is announced whether this will be granted an En Banc hearing if DC files for such?

 

[Inigoes]

well if that happens is a En Banc reversal grounds for SCOTUS to grant Cert?

Palmer is still the law of the land, allowing carry in DC. I do not see the good cause going en banc, if it does it will be purely political bucking DC's own precedent.

 

[press1280]

Bingo, jingo...

stay upon appeal
en banc overturns
SCOTUS denies cert

deja vu all over again

We have seen this before. But the DC Circuit rarely goes en banc. Their stats may show a better chance of getting cert than getting enough banc.

This is good though.

 

[kcbrown]

The DC Circuit is not the 9th. En banc in the DC Circuit is rare. A whole body of DC Circuit law on that.

Yes, well, en banc in the 9th Circuit was also "rare" until they started dealing with 2A cases...

 

[mxrider]

So let's play this out a bit:

DC files for rehearing En Banc and is denied
DC files for Cert Petition and is denied

In the above scenario, there is a clear circuit split. Would that open up a new challenge to the Woolard decision in some way?

 

[kcbrown]

Unless they figure they can't keep poking the bear by being so blatantly dishonest and/or DC isn't as big a prize as CA to defend.

Why would they figure any such thing? Every other circuit to decide on "may issue" carry such as this has decided against the right. An en banc reversal would cause the DC circuit to align with all the other circuits on the issue, thus reducing the split amongst the circuits on the question of carry (and leaving the 7th Circuit as the only circuit to uphold "bear" in any way at all).

 

[Bigfoot21075]

Yes, well, en banc in the 9th Circuit was also "rare" until they started dealing with 2A cases...

I would like to see a link to that.The nutty 9th is a liberal playground, not just related to the 2a.

 

[esqappellate]

Yes, well, en banc in the 9th Circuit was also "rare" until they started dealing with 2A cases...

I take your point. In rejoinder I merely note that en banc was denied in Heller III.

 

[danb]

It would be awesome if they consolidated this with Norman at SCT....

Too much to hope for, perhaps.

 

[esqappellate]

So let's play this out a bit:

DC files for rehearing En Banc and is denied
DC files for Cert Petition and is denied

In the above scenario, there is a clear circuit split. Would that open up a new challenge to the Woolard decision in some way?

If DC files a cert petition, it most likely will be granted because (1) the decision invalidates a law and (2) because there is a circuit split. If cert is nonetheless denied, Woollard remains good law in the 4th Circuit until the next case in which the plaintiff would then petition for cert. and so on. The split won't last forever.

 

[esqappellate]

I was just about to post this. So this means the following if I am learning lawyer talk:

The decision does not go into effect until 7 days after a decision is announced whether this will be granted an En Banc hearing if DC files for such?

The court only acts through its mandate. The stay is until 7 days after the time for rehearing has elapsed or 7 days after disposition of any petition for rehearing.

 

[Tomcat]

A WIN!

https://assets.documentcloud.org/documents/3900192/7-25-17-DC-Circuit-Wrenn.pdf
Regards
Jack

After reading what I thought was a very well written opinion, I got to the dissent and all it seemed to say was blah, blah,blah

Frosh must be Froshing in his britches

 

[jcutonilli]

The DC Circuit is not the 9th. En banc in the DC Circuit is rare. A whole body of DC Circuit law on that.

Yes, well, en banc in the 9th Circuit was also "rare" until they started dealing with 2A cases...

According to https://www.paulweiss.com/media/3679578/24august2016flumenbaumkarp.pdf

The DCC en banc is rare with only 4 cases between 2011 and July 2016. 9CA had 40 in the same time period. While en banc cases are rare they are much more rare in the DCC