[ctdonath]

Any word on getting SCOTUS to resolve the 9th Circuit vs. 5th Circuit conflict on RKBA? This is THE case we've been waiting for; just want to know if it's going anywhere.

[Frohickey]

Last I heard, Gary Gorski, the lawyer representing the Silviera vs Lockyer case in the Ninth Circus Court of Appeals asked for an en banc decision, which means more than just the 3 judges.

Depending on what happens there, he might either fold because he won, fold because he lost and ran out of money, or take it up to the SCOTUS and take his chances there.

[Blackhawk]

Despite the obvious conflict between the circuits on Laney & Emerson, the SCOTUS didn't have to get to that issue to weasel out of deciding them on that issue.

Unless the 9CA declines to hear Gorby en banc (meaning the WHOLE court), there isn't an avenue of appeal to the SCOTUS by Gorby. If the whole 9CA goes along with the panel, then Gorby has a route to the SCOTUS, and I don't see a way it can weasel out of hearing it, especially in light of the 5CAs ruling on Emerson.

There is no appeal by Gorby to the SCOTUS if Gorby wins in the 9CA en banc because he will have the relief he sought, and courts do not give advisory opinions. CA could, however, appeal to the SCOTUS if Gorby wins in the 9CA, and that would be REALLY interesting!

Go Gorby! :D

[NewShooter78]

Just fold the 9th circuit and just send all the cases down here to New Orleans for a proper ruling. Well at least better than one would get in CA.

[ctdonath]

Ok, so there's another intermediate step. Anyone guessing the whole panel will overturn that 3-judge decision? I just don't see that happening: the given decision is too strongly worded against RKBA, and a reversal would restore RKBA to that region. There just isn't a majority of the panel committed enough to the Constitution to show their fellow judges as clueless, and to throw CA into that big an uproar, and to make that big a step in making RKBA law (again). The best the panel could do is re-word the prior ruling to eliminate the really stupid stuff (like quoting Parade Magazine as law)...and considering that doesn't leave much reasoning left, they may just decline to hear the case.

This IS going to SCOTUS. Question is how to keep up on news of the process, and how to support a full and proper hearing.

[Frohickey]

I don't think the en banc decision will overturn. If anything, it will muddy-up the waters with the 5th Circuit Court Emerson decision that there can be 'reasonable restrictions' on RKBA. What is interesting is if Gorski will ask them on the absence of 'due process' in the Assault Weapon ban.

Of course, the 9th Circus Court could just take a pass, refuse the en banc request, or not overturn, and leave it at that. Then, the ball is in Gorski's court if he will appeal to the SCOTUS.

I hope that he does... I'll give money if he does.

If the en banc decides against the original decision, and Kalifornia goes to the SCOTUS, I'd give money too, to our side, of course. :D

If you 20+ generations of Americans with family that fought in the Revolutionary War and Civil War could have a family member that owned a Tommy Gun shooting full-auto in the empty woods... by God, I'm going to do my darnest to be able to allow my great-great-grand-daughter do the same thing... with a OICW. :neener: