Lawsuit filed for carry in the District of Columbia

[farkles]

There would be nobody there on the weekend. It will take a little time to put together, but we should have a weekday protest to ensure maximum impact at the courthouse.

Understood maximum impact but you would not get anyone from outside DC area likely. I would perhaps come on a weekend, and I could likely come on 10/24 and meet up 10/25 during the Day on Monday.

 

[Sonora Rebel]

This is ridiculous... no matter how you slice it. We still need an 'opinion' on the free exercise of an enumerated right that's been recognized since 1783? I'm no fan of all this legaleze clutter that's been fed into the mix in the interim. Particularly this 2A 'incorporation' against the states that should never have been an issue to begin with. Good God... does it take the SC to tell the rest of us what 'SHALL NOT BE INFRINGED' means. Or 'KEEP AND BEAR ARMS'? Anybody with a 6th grade reading level can figure that out. Anyone with common sense can figure that out.

I am an American citizen, residing within the continental limits of the United States and not otherwise prohibited by law (GCA 1968/18USC) from bearing arms. The Constitution of AZ ( AzC Art 2 Sec 26) IAW USC 2A 'the law of the land' recognizes the right of any citizen to bear arms (openly or concealed) within the state of Arizona. I do so unimpaired as a matter of course. Is Arizona 'special'? Do we have extraordinary freedoms/civil rights not afforded to the rest of the nation IAW the original laws of the land? Or... has oppressive tyranny been afoot elsewhere? Y'all know the answer. This Judge Kennedy knows the answer. This judge does not serve the people but the oppressors.

 

[Thundar]

October is over, still no decision from Judge Kennedy

This is the last business day of the month of October. It would be nice to see Judge Kennedy's opinion published. Of course Judge Kennedy's last published opinion was one month ago (30 Sept 2010).

This delay is a travesty of justice.

 

[Thundar]

Is Judge Kennedy waiting for Heller II?

The tactic that Judge kennedy appears to be using is one of delay, delay, delay. Sad but I believe he will wait until there is a decision that goes against gun rights that he can hang his hat on and rule against freedom in the District.

What a shame, the people cannot look to the courts for timely relief from tyranny.

Heller II will argue strict scrutiny next week in the DC Circuit. In about 3 months we will know what the second most powerful court thinks about it.

The longer he waits, the less likely a good bear arms case will get to the current 2A favorable SCOTUS. Our position becomes more imperiled every day. Scalia and Thomas aren't getting any younger.

 

[Gray Peterson]

The tactic that Judge kennedy appears to be using is one of delay, delay, delay. Sad but I believe he will wait until there is a decision that goes against gun rights that he can hang his hat on and rule against freedom in the District.

What a shame, the people cannot look to the courts for timely relief from tyranny.

Heller II will argue strict scrutiny next week in the DC Circuit. In about 3 months we will know what the second most powerful court thinks about it.

The longer he waits, the less likely a good bear arms case will get to the current 2A favorable SCOTUS. Our position becomes more imperiled every day. Scalia and Thomas aren't getting any younger.

Bateman v. Perdue
Kachalsky v. Cacace
Richards v. Prieto
Peruta v. Gore
Woollard v. Sheridan
Peterson v. LaCabe

 

[Thundar]

Bateman v. Perdue
Kachalsky v. Cacace
Richards v. Prieto
Peruta v. Gore
Woollard v. Sheridan
Peterson v. LaCabe

All good cases Gray, but as you know, criminal cases go before civil cases. Desperate criminals grasping at straws can wipe out years of hard fought victories.

We really don't want a "bad" bear arms case. We need the good cases to be decided quickly so that appeals can, if necessary , move forward.

Live Free or Die,
Thundar

 

[Thundar]

Will we get a ruling this year, or next?

Judge Kennedy still has not ruled on the fundamental right to bear arms in DC. Justice has been delayed and therefore denied. Do you think the ruling will come in 2010, 2011 or 2012?

 

[FMCDH]

I'm betting on mid to late 2011.

 

[Thundar]

No time for fundamental rights, 16 pages for urology!!!! Very sad Judge Kennedy

Judge Kennedy doesn't have time to rule on fundamental rights, but he does have time to write a 16 page memorandum opinion about a motion to dismiss Urological Interests medicare claims.

I kid you not. Nothing for a year about a fundamental right, but sixteen pages about medicare urological claims... Seems to me those urologists could be put to good use helping Judge Kennedy to stop urinating on our constitution.

Link: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv0546-12

 

[Gray Peterson]

Kharn

Judge Kennedy released his ruling in Council for Urological Interests v Sebelius last week, which was filed in March 2009. Palmer was filed in August 2009.

Docket information for Council for Urological Interests v Sebelius

Kennedy's last non-Habeus (Habeus pleas from prisoners are usually very quick actions) ruling before Urologists that I could find was from 30 Sept 2010, Jackson v Innovative Securities Services. Jackson (Docket here) was filed in March 2009 as well.

Even though district court judges aim for 60-90 days from oral arguments to the opinion, it sounds to me like Kennedy is really behind on his opinions and we could have 6+ months still to go before he gets to Palmer.

Kharn

 

[Thundar]

Justice long delayed is certainly justice denied.

January 2011 and still no decision. Very, very sad that fundamental rights are being denied and justice has been delayed for so long.

 

[Gray Peterson]

January 2011 and still no decision. Very, very sad that fundamental rights are being denied and justice has been delayed for so long.

and there's nothing we can really do about it. Other cases will move up to SCOTUS in the meantime and no amount of delaying tactic will fix that problem.

 

[Dreamer]

Apologists = Collaborators...

There is PLENTY we can do about it. As long as the 1A is still in effect (which even as we speak, is being eroded and dismantled), we can apply pressure through the media, on the internet, and through public discourse on these "public servants" to actually DO THEIR JOB...

Which side are YOU on, boys, which side are you on?

 

[Gray Peterson]

Apologists = Collaborators...

There is PLENTY we can do about it. As long as the 1A is still in effect (which even as we speak, is being eroded and dismantled), we can apply pressure through the media, on the internet, and through public discourse on these "public servants" to actually DO THEIR JOB...

Which side are YOU on, boys, which side are you on?

So, given the fact that judges are not supposed to ex parte discussions with anyone involving cases, the only solution is impeachment. Do you have 218 votes in the House and 67 votes in the Senate, or even better, a plan to make this happen, or are you more interested in calling Kharn (who I copied the post from) an anti-gun collaborator?

Besides, I don't see any apologies in there anyway, just an explanation of a judge's unacceptable behavior of delaying of a decision of a fundamental civil right, which if it was any other constitutional right would be decided either between days and months.......

 

[Thundar]

February

It is February and still no decision.

 

[press1280]

Yes, the 1 year anniversary of Palmer v. DC oral arguments has passed. I don't know if this judge is going for the record for longest delay in a decision, or waiting for one of the other carry cases to go to SCOTUS so his case is mooted. I would think at some point, someone would have to elbow this judge to get going on this before the Plaintiffs die of old age.

 

[Thundar]

Yes, the 1 year anniversary of Palmer v. DC oral arguments has passed. I don't know if this judge is going for the record for longest delay in a decision, or waiting for one of the other carry cases to go to SCOTUS so his case is mooted. I would think at some point, someone would have to elbow this judge to get going on this before the Plaintiffs die of old age.

March 2011 still waiting. I am betting on a 2012 decision.

 

[bigtoe416]

Just wanted to say that I love that you are posting updates on this case Thundar. I giggled when I saw you had posted in this thread because I knew exactly what you would be doing. Keep up the vigilance good sir.

 

[Thundar]

Just wanted to say that I love that you are posting updates on this case Thundar. I giggled when I saw you had posted in this thread because I knew exactly what you would be doing. Keep up the vigilance good sir.

Judge Kennedy has been incommunicado since before Christmas. His last opinion was rendered on 18 Dec 2010 for Creed v. NTSB.

Is he still active on the Bench?

You don't get any answers when you call. Here is the number, go ahead and try:
(202) 354-3350

 

[Grapeshot]

Judge Kennedy has been incommunicado since before Christmas. His last opinion was rendered on 18 Dec 2010 for Creed v. NTSB.

Is he still active on the Bench?

You don't get any answers when you call. Here is the number, go ahead and try:
(202) 354-3350

Wonder of the Clerk of Court would respond to inquiry as to his health - doubt it.