Decision in Kolbe!

[Gambler]

 

[Gryphon]

This is in reply to petition:

I wasn't suggesting the State is correct, just summarizing its position. If this goes en banc at this stage, oh the stink . . .

 

[fjm0008]

En banc granted shocker. Easy to understand if you take out logic

 

[fightinbluhen51]

En banc granted shocker. Easy to understand if you take out logic

Are you friggin' serious?

Welp...the writing is on the wall.

 

[INMY01TA]

This is not good right?

 

[fightinbluhen51]

This is not good right?

No. But if they rehear it and overturn the panel, they are going to have to jump through big friggin' hoops (shocker, don't they all).

F Frosh, the steaming pile of frosh.

 

[danb]

en banc was granted? already?

Or are we taking some sarcasm out of context?

 

[fightinbluhen51]

en banc was granted? already?

Or are we taking some sarcasm out of context?

I hope the latter. I seriously do.

 

[fjm0008]

Oral argument scheduled Wednesday May 11, 9:00 AM.

 

[pcfixer]

Are you friggin' serious?

Welp...the writing is on the wall.

Who can confirm this? We have waited 2 weeks!!

 

[fjm0008]

141945R1.U Stephen Kolbe v. Lawrence Hogan, Jr. (per curiam 3/4/2016)
Unpublished order granting rehearing en banc
One word: Woollard

 

[pcfixer]

Well, I'll be....


http://www.ca4.uscourts.gov/Opinions/Unpublished/141945R1.U.pdf

IT IS ORDERED that rehearing en banc is granted.
The parties and amici curiae shall file, within 10 days of the date of this order, 16 additional paper copies of their briefs and appendices filed under the original briefing schedule.
En banc oral argument of this case is scheduled for Wednesday, May 11, 2016, at 9:00 a.m. in Richmond, Virginia.

must have just been published!!

 

[danb]

I picked a bad week to stop sniffing glue.

 

[mtb]

Ugh, every time something goes our way... this happens. WTF.

 

[fightinbluhen51]

Ugh, every time something goes our way... this happens. WTF.

Simple...Tyranny.

 

[erwos]

Huh, well, I thought that was going too well to be real.

OTOH, en banc isn't the same thing as a certain loss.

 

[fightinbluhen51]

Huh, well, I thought that was going too well to be real.

OTOH, en banc isn't the same thing as a certain loss.

They didn't take it, to let it stand.

There were 3 or 4 other cited cases in 4th Circuit Jurisprudence that point to strict scrutiny.


The only devil's advocate playing here is that, with Scalia now departed, perhaps the 4th wants the strongest case possible to move up to SCOTUS, if it goes there.

My gut still tells me mental gymnastics of the gold level & world record points setting variety will be needed to get this overturned though.

Another thing; we are looking at year end or early next before we get an en banc decision.

 

[whistlersmother]

No. But if they rehear it and overturn the panel, they are going to have to jump through big friggin' hoops (shocker, don't they all).

F Frosh, the steaming pile of frosh.

Who's going to do anything if they strike down SS in this case?

The courts have jumped the shark on the 2A and there were no consequences. Even SCOTUS has jumped the shark and they are the one's who would deal out the consequences.

 

[OrbitalEllipses]

Well. That was a short-lived "victory" wasn't it?

 

[abean4187]

That was surprisingly quick. With liberals slanted to take control of SCOTUS this does not bode well for us.