Lawsuit filed for carry in the District of Columbia

[Thundar]

At this point it doesn't matter whether Scullin rules on this case or not. This case, which should have been the first to reach SCOTUS, can't get out of district court. SCOTUS will rule on the matter through another vehicle, and DC will have to abide by it.

March 2013 and still no ruling. This is a very pathetic joke. You are right press1280. Another case is getting to the Supreme Court before the foot dragging black robed kritarchy of the DC Federal District graces us with a ruling.

 

[Thundar]

Happy Easter 2013

Happy Easter. The lack of a decision is pathetic.

In a little over four months it will be four years. Sad really.

Maybe we can have an "empty??? flap holster" protest in front of the Federal District Court for the fourth anniversary in August.

I say empty??? because nobody really knows what is under the flap in a flap holster.

This four year wait just sucks. How is it that the courts are screwed up to that point?

Of course since the fourth circuit issued a ruling agreeing with the second that bearing arms means whatever the government wants it to mean, we might expect a bogus pile on ruling soon. (I guess an enumerated right to bear arms does not mean that someone can actually bear arms outside of their house)

Be ready and vigilant.

Live free or die,
Thundar

 

[press1280]

It is pretty sad. I'm just curious what recourse there actually would be? I know since SCOTUS will(hopefully) be taking the Kachalsky case that we won't see any more movement until a SCOTUS ruling. Then, I would expect the district court to get their butt in gear to obey the ruling.
But what if this were the only case filed? Who do you go to when the district court has sat on a case for 4 years without a ruling(and the chief justice of SCOTUS personally re-assigns the case)?

 

[Thundar]

This is THE Bear Arms Case.

So today SCOTUS did not take up the NY carry case. I believe that this means that SCOTUS will wait for this case.

How do we know they are waiting?

We know they are waiting for something. There is a clear split between the 7th and the 2nd + 4th circuit. A split in the circuits is one of the most compelling reasons for SCOTUS to hear a case, yet they declined the NY case.

Why this case?

1. It is cleaner. They can rule on the right to bear arms without messy states police power issues.

2. It is an absolute ban on bearing arms. There is no level of scrutiny issue.

3. We know this is the case that the Chief Justice wants. He took it out of Judge Kennedy's hands.

So no carry ruling for a few more years, at least. I just hope none of the good guys kick the bucket before the case gets to them.

Live Free or Die,
Thundar

 

[press1280]

So today SCOTUS did not take up the NY carry case. I believe that this means that SCOTUS will wait for this case.

How do we know they are waiting?

We know they are waiting for something. There is a clear split between the 7th and the 2nd + 4th circuit. A split in the circuits is one of the most compelling reasons for SCOTUS to hear a case, yet they declined the NY case.

Why this case?

1. It is cleaner. They can rule on the right to bear arms without messy states police power issues.

2. It is an absolute ban on bearing arms. There is no level of scrutiny issue.

3. We know this is the case that the Chief Justice wants. He took it out of Judge Kennedy's hands.

So no carry ruling for a few more years, at least. I just hope none of the good guys kick the bucket before the case gets to them.

Live Free or Die,
Thundar

I don't think we have a real split between Moore and Kachalsky/Woollard. There could be a split involving Moore and a criminal case waiting for an opinion from the IL Supreme Court.
I'd still like to know at what point heads roll for this case being stranded for 4 years

 

[Thundar]

I'd still like to know at what point heads roll for this case being stranded for 4 years

There will never be any heads rolling for delaying the rights of citizens this is, after all, the DC Federal District Court. They have done more twisting and manipulating than all other Federal District Courts combined. Remember, this is the court that oversees the legal abomination that Guantanimo Bay has become.

This delay is intentional. Why, you ask? It is because there is no States rights issue in the Federal Disttrict to balance againmst the rights of citizens. Delaying this case, and bringing only flawed other cases to SCOTUS means they are playing the waiting game. Wait until one of the 5 conservatives dies, then bring in cases to roll back Heller.

If you think the District Court delays are bad, wait until you see what they do with the appeal. Delay, delay, remand on an unimportant issue, delay and then deny. 4 more years after the district court decision before the DC Circuit actually rules on the case.

 

[VApatriot]

Perhaps the delay of justice in this case could be brought to the attention of Emily Miller over at the Washington Times. She is very prolific in the 2A/RKBA articles and opinion pieces that she writes. She did a whole series on all of the hoops that one has to jump through just to purchases a handgun in the District. This seems like something that would be right up her alley.

 

[Thundar]

Happy May Day 2013. Yes it is true 1/3 of 2013 has passed and still no decision. This is a fundamental civil rights case. Very sad to see this sort of judicial misconduct being tolerated. We deserve better than this.

Will we have to wait until 2014? How pathetic that the question is even a valid.

 

[OC4me]

Perhaps the delay of justice in this case could be brought to the attention of Emily Miller over at the Washington Times. She is very prolific in the 2A/RKBA articles and opinion pieces that she writes. She did a whole series on all of the hoops that one has to jump through just to purchases a handgun in the District. This seems like something that would be right up her alley.

Well I just sent an email to the Washington Times. I couldn't locate a direct email address for Emily (if someone has one please PM me). I hope that the message is forwarded to her!

 

[wrightme]

Well I just sent an email to the Washington Times. I couldn't locate a direct email address for Emily (if someone has one please PM me). I hope that the message is forwarded to her!

Google "emily gets her gun".

 

[press1280]

Happy May Day 2013. Yes it is true 1/3 of 2013 has passed and still no decision. This is a fundamental civil rights case. Very sad to see this sort of judicial misconduct being tolerated. We deserve better than this.

Will we have to wait until 2014? How pathetic that the question is even a valid.

What makes this even worse is that Moore v. Madigan will most likely be off the table for SCOTUS, as the IL legislature is poised to pass a carry law. If that happens I hope SCOTUS is up for taking a may-issue case(like Woollard). If they will only take a pure carry ban case, then Palmer is the only one left. But this case has been stuck in district court for nearly 4 years. If it even gets out tomorrow then don't count on the DC Circuit to move it quick.

 

[Thundar]

What makes this even worse is that Moore v. Madigan will most likely be off the table for SCOTUS, as the IL legislature is poised to pass a carry law. If that happens I hope SCOTUS is up for taking a may-issue case(like Woollard). If they will only take a pure carry ban case, then Palmer is the only one left. But this case has been stuck in district court for nearly 4 years. If it even gets out tomorrow then don't count on the DC Circuit to move it quick.

Yes this case is a judicial slow roll of the right to carry firearms.

The DC Circuit isn't getting any friendlier to RKBA and the thin margin of 5 gets older every day.

This sort of judicial rule is the kritocratic swamp that the founders wished to avoid.

 

[swinokur]

And Obama is getting ready to nominate 3 judges to the DC Circuit. Not a good thing. Hopefully all 3 won't make it past confirmation.

Best we can hope for

 

[davidmcbeth]

And Obama is getting ready to nominate 3 judges to the DC Circuit. Not a good thing. Hopefully all 3 won't make it past confirmation.

Best we can hope for

Does not matter ... all these will be settled at a higher court (hopefully soon)

 

[swinokur]

Does not matter ... all these will be settled at a higher court (hopefully soon)

Only if CERT is granted by SCOTUS. Appellate court decisons can and do stand alone if SCOTUS does not grant Cert.

That's the gamble with cases like Woolard in MD.

 

[cyras21]

Is there no proces to compel a Judge to issue a ruling?

 

[Thundar]

June 2013 and still no decision

This is a very sad situation. Still no decision. Who thinks a decision will be made in 2013?

 

[swinokur]

Is there no proces to compel a Judge to issue a ruling?

not that I am aware of.

 

[Thundar]

Is there no proces to compel a Judge to issue a ruling?

You can write his boss, the scief justice of the DC District Court. I did that more than a year ago. The response I got was that they were really busy.

 

[swinokur]

Nominations for DC Circuit

http://www.washingtonpost.com/blogs...o-name-three-nominees-to-d-c-circuit-tuesday/