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by baldeagle
Tue Jun 09, 2015 9:36 pm
Forum: Federal
Topic: SCOTUS Refuses Jackson v. San Francisco. Undermining Heller
Replies: 18
Views: 3871

Re: SCOTUS Refuses Jackson v. San Francisco. Undermining Hel

b322da wrote:
baldeagle wrote:My question is, will the 9th Circuit now hear the case en banc? Or will the decision stand? What's the process? Do the plaintiff's have to file a petition for an en banc hearing?
I will stick my neck out and hazard a rather uncertain answer for you, Baldeagle. I say uncertain because I am not at all familiar with the rules of either the district court making the original decision nor those of the 9th Circuit, and these rules take much study and compliance. This action was one seeking a preliminary injunction, and the district court denied the plaintiff's' petition. It looks to me, in my ignorance of the rules at play here, that this will go back to the district court, and that it is not officially all over yet. On the other hand, given the action by SCOTUS, I would be surprised if the ultimate outcome in the district court, 9th Circuit and SCOTUS change.

Chas. perhaps could give you a real answer, given his much better chance of knowing what the NRA legal staff is thinking about now, the NRA being a party, but I would certainly understand if he felt it inappropriate to discuss the litigation strategy of the NRA, and I certainly have no intention of even asking him.

Jim
You bring up something very interesting. SCOTUS denied cert on a preliminary injunction. That's quite a bit different from denying cert on a court ruling on the case. I assume plaintiffs brought the PI to get immediate relief, but the case will proceed and they may well win on the merits. Perhaps that's why SCOTUS decided not to intervene at this point.
by baldeagle
Tue Jun 09, 2015 4:13 pm
Forum: Federal
Topic: SCOTUS Refuses Jackson v. San Francisco. Undermining Heller
Replies: 18
Views: 3871

Re: SCOTUS Refuses Jackson v. San Francisco. Undermining Hel

My question is, will the 9th Circuit now hear the case en banc? Or will the decision stand? What's the process? Do the plaintiff's have to file a petition for an en banc hearing?

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