It depends on how the ruling is written, if all three justices agree (and there is very optimistic reason to believe this) then they would be stupid to request en banc, as the the court, more often than not, would support the entire panel.
If, however, the panel is split, then we might see a request for en banc review.
Government 101: Governor = Executive, AG = Judicial, MGA = Legislative
Unless there is an urgent reason to get the issue to the SCT (and there wouldn't be here), Frosh loses nothing by seeking en banc. If decision is unanimous, that just makes it harder to get en banc, but not impossible and not stupid. For example, even if he doesn't get it, he might a dissent from the denial which would be useful in any cert petition. If I were Frosh, I would definitely seek en banc first before filing for cert. If you seek en banc first, you have two shots, one with the CA4 and one with the SCT.
Government 101: Governor = Executive, AG = Judicial, MGA = Legislative
Goose steppers...Gee that's funny... O'mallothead seemed to control them all... didn't he?
DC-W-what grade did you get in Govt 101?
No, the AG is part of the executive branch, not the judiciary. The courts comprise the judiciary. The AG is just that part of the executive branch that represents the Ex. Br. in court.
Gee that's funny... O'mallothead seemed to control them all... didn't he?
Either way, I'll bet this case takes a couple years to resolve. Courts are slow on purpose, they are gov't workers after all.
Goose steppers...
I just failed 101[/QUOTE]
Common error. People also mistakenly believe that DOJ is part of the judiciary for the same reason
As Shannon put it, "These cases move slower than molasses."
Good points....
Fader also made a fatal error (in my opinion) by stating that the ban is not an issue because there are other firearms available to be used. I believe Justice King brought him up short with the SCOTUS ruling in Heller, when DC used the same argument. He basically told fader, if SCOTUS found that argument to be a non starter in Heller why should you get to use it here? (paraphrasing)
If we prevail, the AWB and magazine capacity law are gone and those two provisions of FSA 2013 go back to what they were pre Oct 2013. Regulated, 77R, 7 day wait, no copycat listing.
20 round magazines.
The state got hammered on the magazine issue, the comment was made that there were roughly 750,000,000 "standard" capacity magazines in circulation and in use by for lawful purposes by law abiding citizens. If 750,000,000 isn't in common use, then what number is?