Notice of Appeal to SCOTUS for Maryland's Woollard v. Sheridan

[usmarine0352_2005]

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http://chestertownspy.com/2013/01/1...nd-handgun-statute-possibly-headed-to-scotus/

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Smigiel Bill Could Kill Maryland Handgun Statute — Possibly Headed to SCOTUS

January 10, 2013 by Daniel Menefee


Updated Jan. 11–Attorney General Doug Gansler has so far succeeded in delaying enforcement of a 2010 decision that struck down a provision in Maryland’s handgun law, which requires a “good and substantial reason” to obtain a Permit to Carry. The Federal District Court in Maryland ruled in 2010 that the state requirement was a violation of Second Amendment Rights.

Last July, U.S. District Court Judge Benson Everett Legg lifted a stay he granted the Maryland Attorney General in March that delayed enforcement of the 2010 ruling–until a challenge could be heard in 4th U.S. Circuit Court of Appeals in Richmond.

A similar case was heard around the same time in the 2nd U.S. Court of Appeals in New York that challenged that state’s “good or substantial reason” provision, which is nearly identical to Maryland’s restrictive carry law. The 2nd Circuit upheld New York’s handgun statute on Nov.27.

The 4th Circuit granted another stay in August and heard the case in late October. The court has yet to rule.

“We have filed a notice of appeal to the U.S. Supreme Court,” said Alan Gottlieb, founder of the Second Amendment Foundation. The SAF is the co-plaintiff in the Maryland and New York cases.
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[bhesler]

The notice of appeal is actually for the NY Kachalsky case. The appeals court has not yet decided he Woolard case, so there is nothing to appeal.

 

[Al Norris]

Why I never trust reporters

The time-line that the reporter uses is a trifle off:

The decision and opinion of Judge Legg at the district court was issued on Mar. 2, 2012. The decision was appealed by the State on Apr. 2, 2012. An expedited hearing scheduled at the CA4 was held on Oct. 24, 2012. We are awaiting the panel's decision.

As noted, it is the Kachalsky case at CA2 that is petitioning the SCOTUS for a grant of cert.

 

[usmarine0352_2005]

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Is the Kalachsky case a better one for SCOTUS?
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[Al Norris]

Is the Kalachsky case a better one for SCOTUS?

Alan Gura Files for Cert in Kalchalsky is the THR discussion thread.

The NY law at question in Kachalsky is so similar to the law at question in Woollard that the differences are almost indistinguishable. In that respect, either case is a good case to answer the question: Does the Second Amendment protect the right to carry (in public) for self-defense.

There are several possible reasons that Alan Gura has petitioned for a grant of cert in Kachalsky, rather than waiting for another case. Not the least of which, is that Kachalsky was first out of the gate (so to speak).

With Judge Posner's decision in the Moore/Shepard cases, there is now a technical split between the circuits.

That decision will almost certainly influence the 4th Circuits decision in Woollard. If you have listened to the orals fo Woolard (THR does not permit mp3/mpeg files, so I can't upload here, but you can find the file at the CA4: http://coop.ca4.uscourts.gov/OAarchive/mp3/12-1437-20121024.mp3), you will have noted that none[/i] of the judges were actually prepared and one judge was openly hostile. The CA2 decisionagainst Kachalsky gives the Woollard panel an easy way to pass off on actually ruling on the merits. They waited. Then the Moore decision comes out.

Judge Posner is very well respected within judicial circles, both in and out of the 7th Circuit. This now present a problem for the judges sitting in Woollard. Do they agree with the 2nd Circuit (complicating a cert grant in the NY case) and dismiss Judge Posner? Or do they agree with Judge Posner and create a very dynamic split between the circuits? If they agree with judge Posner, it almost guarantees that cert will be granted.

We also must take into consideration what the 7th Circuit is going to do in regards the en banc rehearing in Moore/Shepard. Will they take the case? If so, will they affirm or overturn Judge Posner?

If we get some of these questions answered before the cert stage in Kachalsky is finished, this will also inform of the chances that the Supreme Court will grant cert.

Lots of "Ifs," lots of assumptions. Lots of pure speculation and a roll of the dice. Alan Gura however, must feel his chances are better than even (and possibly "forcing" the 4th towards a favorable decision), or he wouldn't have filed for cert almost a month earlier than he had to.

I will now speculate that Art will come along and close this thread, as it touches (heavily) upon other, existing threads. If there is a general "strategy" thread, this may be merged into it, or be retitled to reflect that it is an overall litigation strategy... To continue as it is however, would not be in accord with the directives of this forum (my guess).