They can use a circuit decision to override a SC decision?
As long as the SC refuses to smack them down... Yes.
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I hope he does not feel like he was to do that because the NRA might in their D.C. carry case. It seems a little risky to appeal a preliminary injunction because those appeals are reviewed on an abuse on discretion standard rather than on de novo review if it was review of an appeal on the merits. Recently the NRA was admonished by the Ninth in Fyock for filing a PI appeal for the obvious purpose of getting early appellate review. However if I were him I'd be worried that the NRA gets lucky and and steals his glory by taking their preliminary injunction up on appeal first.
http://ia600206.us.archive.org/33/items/gov.uscourts.dcd.170040/gov.uscourts.dcd.170040.59.0.pdf
So I guess they're appealing but asking for a stay in the District court? Not sure how this works exactly.
Just checking to see if there are any new developments or dates. Anyone?
Are the Pink Pistols making progress?
Thanks!
The Stay of proceedings was denied 04/15/2016
i like the part where the Judge tells the plaintiffs that they are off base when talking about experts and discovery...
I think judges are off base when they keep getting paid for cases that should be ruled in less than a day.. " This violates the Constitution, the law is thrown out"...what more is there?... a system that makes sure things are drawn out...just like doctors...and both groups wonder why they are hated...
Notwithstanding the District Court’s surprising departure from the ordinary practice, the proceedings below should be stayed.
From the emergency motion:
Surprising departure?
The district court means to tear the Constitution asunder. What, then, is so surprising about its departure from the norm?
But I suppose Gura has to at least appear to be surprised here. It would not do for him to appear to believe that the very institution he is operating within is corrupt to the core.
Gura has asked the DC Circuit to stay the District Court proceedings: http://blog.californiarighttocarry....enn-plaintiffs-emergency-motion-on-appeal.pdf
That motion for a stay was denied yesterday by a vote of 2/1. Clerk was directed to schedule argument on an expedited basis in September.
Same 3 judges who sent this case back to the district court?