Gunnerpalace
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I have conflicting sources saying Heller will be heard on either the 5th or the 9th of this month, Which one would it be?
What is the Supreme Court Date?
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glockman19
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As far as I'm aware on November 9, 2007 they will decide to hear it or not.
Bartholomew Roberts
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November 9, 2007 they will consider cert for Heller and a decision is expected around November 13, 2007.
ServiceSoon
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Decision in 4 days? They are starting to take this speedy trial thing seriously.
damien
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If they decide to hear it, then they will set a hearing date. A decision will come months after that. The hearing will be early next year, if accepted. The decision would come several months after that.
Cosmoline
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If they hear it I wouldn't expect the opinion until next spring or summer. That's when they usually come out.
Bubbles
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Actually the decision will be reached on Nov 9 and most likely leaked by COB, with every gun board getting the news about five minutes after the leak.
The decision will be officially published on Tuesday, Nov 13. Normally it would be published on Monday, but that's a Federal holiday (Veteran's Day).
Megistopoda
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OK, there is confusion regarding which "decision" we are talking about.
The certiorari committee meets 9 November. The decision from that meeting will be either: 1) the court will hear Heller, or 2) the court denies to hear Heller.
So by 13 or 14 November, we will know whether the court grants or denies cert. IF the court decides to hear the case, then they will hear the case in early 2008...arguments, and all that. They would then likely issue their decision (opinion) sometime during the spring of 2008.
The certiorari committee meets 9 November. The decision from that meeting will be either: 1) the court will hear Heller, or 2) the court denies to hear Heller.
So by 13 or 14 November, we will know whether the court grants or denies cert. IF the court decides to hear the case, then they will hear the case in early 2008...arguments, and all that. They would then likely issue their decision (opinion) sometime during the spring of 2008.
ServiceSoon
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Guys, I was joking. LOL
Gildas
Member
I wouldn't get your hopes up. I've never heard of a Supreme Court decision being leaked. There are ways to take educated guesses as to decisions as the term proceeds based on who gets issued each opinion (they try to have every Justice write an opinion for each sitting), but that obviously does not apply to the cert process.
Jim March
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IF they grant cert, a mad scramble begins to get amicus briefs done.
precisionshootist
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How bout a Poll?
I would be cool to have a poll to see what members think they will do.
Take the case or not that is.
On the legal side it looks like they would have a tuff time not taking it but then again that could have been said on many other cases that were considered by the court but denied.
My vote, they will not hear this case
The court has a long history of avoidance on any 2nd amendment issue. The reason it's avoided is because it's a no brainer. The 2nd means exactly what it says. Even the liberal judges know that virtually every federal gun law on the books is an infringement. They don't want to rock the boat.
I would be cool to have a poll to see what members think they will do.
Take the case or not that is.
On the legal side it looks like they would have a tuff time not taking it but then again that could have been said on many other cases that were considered by the court but denied.
My vote, they will not hear this case
The court has a long history of avoidance on any 2nd amendment issue. The reason it's avoided is because it's a no brainer. The 2nd means exactly what it says. Even the liberal judges know that virtually every federal gun law on the books is an infringement. They don't want to rock the boat.
AZTOY
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I hope your right!
precisionshootist
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As in, you hope they don't hear the case?
What do you think they will do? I'm just curious about what others are expecting.
I want them to take it but I don't think they will for the reason stated. If they take the case, I don't fear the outcome either way they decide.
Thain
Member
Jim March said:
You better beleive all the big names have been drafting their amicus briefs since the second the gavel dropped in the Court of Appeals.
I just wonder how much impact this is going to have on the General Election. I mean, I think its fair to say 99.9% of us on THR are following the case... But I haven't picked up much buzz about it in the non-gun media...
AZTOY
Member
Yes
If the Court refuses to hear the case, the lower court’s decision, which struck down the D.C. gun ban as unconstitutional, will stand.
Bartholomew Roberts
Member
I think the Court will grant cert. A minority of the Court has wanted to address this issue for a while. I think they are a majority now. The only side that really wants to lay low is the collective side. They know that the collective argument is not believed or supported by most of the public so they keep putting it off in hopes that later audiences will be more receptive to that nonsense.
Al Norris
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At this stage of the "game" the boat is already rocking.precisionshootist said:
If the SCOTUS does nothing, the Parker decision stands. That open up the entire set of Federal laws to be challenged within the D.C. Circuit.
Thain
Member
If Parker stands, it will only affect the District of Columbia Circuit, which will be all hunky-dory for the residents of D.C., but won't do anything for the rest of the country. An opinion from that circuit isn't binding on the other jurisdictions.
Considering Ninth Circuit's reputation (a very liberal professor of mine refers to it as the "Ninth Circus" or "The Land of Fruits and Nuts"), the best result is going to be for SCotUS to rule in favor of individual rights. If the Court doesn't grant cert, we basically stay with the status quo nationwide... with D.C. catching a small break.
Considering Ninth Circuit's reputation (a very liberal professor of mine refers to it as the "Ninth Circus" or "The Land of Fruits and Nuts"), the best result is going to be for SCotUS to rule in favor of individual rights. If the Court doesn't grant cert, we basically stay with the status quo nationwide... with D.C. catching a small break.
Eightball
Member
I wouldn't be too suprised if the court avoids the 2nd A. again, and lets the "status quo" stay.
Al Norris
Member
Thain, I beg to differ. The D.C. Circuit is the seat of the Federal Government and it's where virtually all challenges stem from.
In other words, if the D.C. Circuit says a Federal law stinks, then its decision stands. Unless overruled by the Supreme Court itself, such a decision in D.C. will affect all Federal law.
In other words, if the D.C. Circuit says a Federal law stinks, then its decision stands. Unless overruled by the Supreme Court itself, such a decision in D.C. will affect all Federal law.
Autolycus
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I suspect that they will hear it. I am guessing because I want it to come out and be said.
Thain
Member
No, the United States Court of Appeals for the District of Columbia Circuit (aka the "D.C. Circuit") is not the same thing as the Court of Appeals for the Federal Circuit...
They both met in D.C., and they appear to have an overlap in jurisdiction but they a really just as seperate as the 9th Circit is from the 3rd...
The Federal Circuit is a federal court with appellate jurisdiction over Article I tribunals (e.g, Court of Federal Claims, government contracts, Patent and Trademark Office appeals) or a few Article III tribunals. It is the only circuit that has its jurisdiction based on subject matter ratehr than geography.
The "D.C. Circuit", is the federal appellate court for the District Court for the District of Columbia. The court has the jurisdiction to reviewing most of the decisions of just about any federal agency since most are based in the capital. Theu don't have any special status in this regard, however, if you want to sue a government agency or a corporation based in Los Angeles you're going to be in the 9th Circuit, if they're in the capital, it's D.C. Circuit.
Appeals court decisions are binding precedent only within the jurisdiction of the court that handed down the ruling. They tend to be fairly persuasive on judges in other Circuits, but are no more "the law" in another jurisdiction than a well written law review article.
It is easy, very easy, to confuse the Federal Circuit for the D.C. Circuit but they are seperate jurisdictions.
Look at it this way, Heller is not about any law of the federal government, it is a matter of "state" law. The trial was held in D.C., the appeal happened in the D.C. Circuit, and the District of Columbia itself is bringing the appeal to the U.S. Supreme Court. Since there are no Article I or Article III issues involved, then the case can not be a matter for the Federal Circuit to consider.
Since the issue involves "state" law, then trial has to take lace in a "state" court (which it did), and the appeal has to take place in the "state's" home Circuit... The Court of Appeals for the District of Columbia.
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