Supreme Court remits MD assault weapons ban back to lower courts in light of Bruen vs. NY ruling

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  • Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,366
    More than just the Maryland case are going to the same conference.

    "On Tuesday, the U.S. Supreme Court moved several Illinois cases, and one challenging Maryland’s ban, to conference for May 16, 2024."

    U.S. Supreme Court moves gun ban challenges to conference​



    Also a YouTube Video:
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,366

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    3,080
    Napolis-ish
    It's really disappointing our rights come down to getting 5 people in black robes to decide they will agree we have said rights. Then write an "opinion" in such a way that still denying them is more trouble than its worth for the tyrants. All happening many years and at much expense after the original denial.
     

    BurkeM

    Ultimate Member
    MDS Supporter
    Jan 8, 2014
    1,813
    Baltimore
    Is this something they will definitely vote on the 16, or they're just considering it?
    Nobody knows.

    Not even Karnak.

    1714591897249.png
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,586
    Hazzard County

    Is this something they will definitely vote on the 16, or they're just considering it?
    If a justice does not bring a case up for discussion during the conference, it is automatically denied cert.

    At the first conference, they'll decide to either deny it or relist it for another conference. They've stopped granting cert at the first conference due to a term a few years ago where they had several cases that embarrassingly fell apart at oral argument and had to be dismissed as improvidently granted. We'll find out the case is relisted when it is not listed as denied cert on the orders list the following week. A few days later, the clerk will distribute the case for a second conference, where the process repeats.

    At the second conference, cert may be granted. Or they may grant-vacate-remand (only 1-3 lines of guidance provided, amounting to "see Heller and Bruen"), or continue to relist the case through multiple conferences while a dissent from denial of cert (a justice complaining about the court not doing its job) or a per curiam opinion (traditionally such requires 6 justices agree to the outcome, and it is so obvious that briefing on the merits is not necessary) is written.

    At the third, fourth, etc, conferences, the chances of cert being granted go down, and the chances of a per curiam opinion or dissent from denial of cert go up.

    Once the justices pick one or more cases to grant cert, the similar cases which are not granted cert will usually be held without being relisted (no further action on their dockets until a decision is released).
     

    moto.x

    Member
    Sep 16, 2014
    25
    If a justice does not bring a case up for discussion during the conference, it is automatically denied cert.

    At the first conference, they'll decide to either deny it or relist it for another conference. They've stopped granting cert at the first conference due to a term a few years ago where they had several cases that embarrassingly fell apart at oral argument and had to be dismissed as improvidently granted. We'll find out the case is relisted when it is not listed as denied cert on the orders list the following week. A few days later, the clerk will distribute the case for a second conference, where the process repeats.

    At the second conference, cert may be granted. Or they may grant-vacate-remand (only 1-3 lines of guidance provided, amounting to "see Heller and Bruen"), or continue to relist the case through multiple conferences while a dissent from denial of cert (a justice complaining about the court not doing its job) or a per curiam opinion (traditionally such requires 6 justices agree to the outcome, and it is so obvious that briefing on the merits is not necessary) is written.

    At the third, fourth, etc, conferences, the chances of cert being granted go down, and the chances of a per curiam opinion or dissent from denial of cert go up.

    Once the justices pick one or more cases to grant cert, the similar cases which are not granted cert will usually be held without being relisted (no further action on their dockets until a decision is released).
    So the chances of us knowing if they pick this up will be on around May 16th, based on this calendar and the second conference on 5/16, is that correct?

     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,586
    Hazzard County
    So the chances of us knowing if they pick this up will be on around May 16th, based on this calendar and the second conference on 5/16, is that correct?

    Conference is 5/16, orders will be released on 5/20, so we'll know if cert is denied if it is listed on the orders list on 5/20. If Bianchi is not on the orders list, that is a positive sign.
    If it is relisted, which we would find out a day or two later via docket update, it would go to the conference on 5/23, and orders will be released on 5/28 (due to Memorial Day).
     

    moto.x

    Member
    Sep 16, 2014
    25
    Conference is 5/16, orders will be released on 5/20, so we'll know if cert is denied if it is listed on the orders list on 5/20. If Bianchi is not on the orders list, that is a positive sign.
    If it is relisted, which we would find out a day or two later via docket update, it would go to the conference on 5/23, and orders will be released on 5/28 (due to Memorial Day).
    Thanks for clarifying.
     

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