Parker is now Heller

[JeffKnox]

Activists should be aware of the fact that as the "Parker" case heads to appeal at the Supreme Court, it is no longer the "Parker" case. The pleading for certiorari will be titled "District of Columbia v. Heller" since Heller was the only plaintiff in the original case who was actually found to have legal standing and the roles have switched for the appeal.
This change has made it difficult for many people trying to keep up with the case to locate information since they were searching for the wrong case title.
The Supreme Court did grant the Districts request for more time to file their appeal and that time runs out on September 5. One of the primary reasons for the requested delay - and probably for the decision to appeal itself - is the fact that DC has managed to hire a prominent anti-gun law professor to head up their case. The Professor only became available in the past month or so and they wanted him to be able to supervise the whole shebang. (Or at least that's what I think.)
I am currently writing a short piece on this subject for inclusion in the upcoming edition of the Hard Corps Report which we hope to have in the mail next week.
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Remember that your CongressCritters are home this month; make sure they get voting advice from you while they're in town.

Yours for the Second Amendment,
Jeff
--
Jeff Knox The Firearms Coalition ---- Support National Exercise Your Rights Day! Buy a Gun on August 28! http://www.thehighroad.org/showthread.php?t=288589 http://www.firearmscoalition.org/new/index.php?option=com_content&task=view&id=41&Itemid=37 www.FirearmsCoalition.org "The Knox Report"
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[General Geoff]

Let me be the first to say that despite L&P being closed at the moment, this post deserves to stay open of its own accord, until L&P is opened back up. It's vital information for our fight.

 

[Caimlas]

Wouldn't this fall under "Activism"?

Thanks for the heads up, I was wondering about this....

 

[vis-à-vis]

When will we know if the cert will be granted?

 

[Hypnogator]

How can we help Levy & Gura?

What can we do to help Robert Levy and Alan Gura in arguing DC V. Heller?

DC has managed to hire a prominent anti-gun law professor to head up their case.

Levy & Gura have done a magnificent job to date in getting the case to this point. The opposition, doubtless financed by the Joyce Foundation and similar groups, are bringing out the (excuse the expression) big guns to craft their case.

I'm not suggesting that Levy & Gura aren't up to the task of arguing our interests before the Supreme Court, but we should dig in and provide whatever resources may be necessary to hire the very finest legal minds possible to craft our case, anticipate and devise the most persuasive arguments against every conceivable point the gun-grabbers may bring up. Folks, this one is for all the marbles.

Buzz, what do you think?

Agree this should be in Activism. I'll start a thread there, also.

 

[nrawling]

Petition for Certiorari deadline missed. Stay?

So... Here's what I'm wondering about now.

My understanding is that the District was granted a stay of enforcement until the certiorari deadline on May 8th by the D.C. Circuit when they denied the en-banc rehearing.

Now, the District has missed the filing deadline, and has filed a motion requesting an extension. Their request has no basis in law, as far as I can tell, and the Heller opposition brief covers this pretty well. So, I think we need to consider the possibility that the Supreme Court might deny the extension request and it's game over for the District.

So, the question I have (and I'm still looking for the Circuit's stay order), is when does the stay expire? Did it expire when the District failed to file the petition for certiorari on time, or does it expire immediately if their motion for an extension is denied?

Considering how important that question is for residents of the District (does the 2nd Amendment apply to me today?), you'd think it would be easier to tell.

 

[bulgron]

I'm pretty sure DC got a second stay, and their deadline for filing is now sometime in early September.

 

[Thain]

As a matter of simple pragmatism, I alwaysoperate on the assumption that the Judge will never grant my firm an extension and I always assume the other side will be granted all of theirs.

SCotUS and the Fed CoA usually don't mess around when it comes to dates, deadlines, and court rules... But as we all know, if you are prepared for the worst case scenario, anything else is easy.

 

[Bartholomew Roberts]

nrawling - the original post in this thread mentions that they were extended to September 5, so the District has not yet missed the filing deadline (though it is now past the original deadline).

 

[kludge]

Heller was the only plaintiff in the original case who was actually found to have legal standing

You've got to be kidding.

 

[ke6guj]

You've got to be kidding.

Nope. AFAIK, Keller was the only plaintiff to actually apply for a permit and be denied, that gave him standing. None of the other plaintiffs actually applied for the permit.

 

[jpk1md]

yes, but in looking at Heller I'm not sure we could find a better candidate....