Decision in Kolbe!

[lx1x]

So now it has to be scheduled for a new hearing and everyone has to have time to file their briefs and prepare - so we are looking at realistically??? September?

Two weeks.
:runsaway:

 

[jpk1md]

Applying strict scrutiny is *huge* As the dissent noted, that standard is "strict" in theory but "fatal in fact" Frosh et al will have very hard time with it.

I imagine Frosh is having a stroke right about now

 

[MDFF2008]

So here's a thought from FB.

If the 4th says the 2A requires SS, doesn't that mean Woollard should be reheard?

 

[Boondock Saint]

It's very hard for me to take the dissenter's opinion seriously when he leads off with the following:

Let's be real: The assault weapons banned by Maryland’s FSA are exceptionally lethal weapons of war. In fact, the most popular of the prohibited semiautomatic rifles, the AR-15, functions almost identically to the military’s fully automatic M16.

"Let's be real?" Seriously? Is this a dissent in a federal court case or a conversation taking place with a troubled teen on a street corner?

Judge King is undoubtedly an educated man, but in a best case scenario, he clearly lacks the knowledge to speak intelligently in this particularly matter. This is appalling.

 

[danb]

So here's a thought from FB.

If the 4th says the 2A requires SS, doesn't that mean Woollard should be reheard?

Inside the home versus outside the home

 

[DC-W]

So here's a thought from FB.

If the 4th says the 2A requires SS, doesn't that mean Woollard should be reheard?

 

[tundramuscle03]

So we can tell Frosh to SUCK IT!!!!!!

 

[montoya32]

No. LEO = Citizen = Me.

To say that an LEO is more likely to use his legal firearm for the purposes of good is disingenuous. Regular citizens use their firearms to thwart crime and protect themselves all the time. Arguably more so than LEO.

 

[Mrhyde]

Awesome news all around!

Here's a quick question. As a hypothetical.

As it's been noted this hs HUGE implications nationally. More and more 2A cases may have to be subject to the same strict scrutiny if MD has to go through with this. Which may also weigh in on other 2A cases that MD or other states want to implement.

So lets say we live in carzy-backwards land. And the General Assembly decides they want to repeal FSA2013 before the court case comes due for strict scrutiny.

That would pretty much kill the re-trail and may mean that the next time they want to pass something similar they won't have to hold it up to the same strict scrutiny as if they had retried Kolbe.

Am I right?

Meaning. If they repealed the law now. They would be free to draft up something similar. a "kolbe-lite" type law that wouldn't have to be held to strict scrutiny when it eventually goes to trial.

Am I blathering? I might be.

Good job all around folks!

 

[Library Guy]

If FSA 2013 was supposed to propel Martin O' onto the national stage, what's the political motivation to preserve it now?

My God!, Anthony Brown's prediction is coming true! There will be an AR-15 lurking near every elementary school

Hogan!

 

[teratos]

Awesome news all around!

Here's a quick question. As a hypothetical.

As it's been noted this hs HUGE implications nationally. More and more 2A cases may have to be subject to the same strict scrutiny if MD has to go through with this. Which may also weigh in on other 2A cases that MD or other states want to implement.

So lets say we live in carzy-backwards land. And the General Assembly decides they want to repeal FSA2013 before the court case comes due for strict scrutiny.

That would pretty much kill the re-trail and may mean that the next time they want to pass something similar they won't have to hold it up to the same strict scrutiny as if they had retried Kolbe.

Am I right?

Meaning. If they repealed the law now. They would be free to draft up something similar. a "kolbe-lite" type law that wouldn't have to be held to strict scrutiny when it eventually goes to trial.

Am I blathering? I might be.

Good job all around folks!

You are correct that if they repealed the law the case would end. They could then pass a "lite" version. I'm not sure the courts would appreciate these shenanigans.

This does have far-reaching implications. I'm sure CA if looking at this with interest given their brain-damaged lawmakers.

 

[jpk1md]

I predict this will go down a lot like other decisions.....DC comes to mind.....

Court remands it back to lower court......lower court drags ass and doesnt really comply

Goes back to appeals court

Over and over until supreme court makes a decision.......

OR....pigs could fly and Congress could impeach the moonbat judge

 

[Mr H]

So here's a thought from FB.

If the 4th says the 2A requires SS, doesn't that mean Woollard should be reheard?

Possibly some other angles to this as well.

 

[montoya32]

Hoe does this now impact the current general assembly? I know there is no decision, but do we see an increase in bills to try and add more barriers?

 

[erwos]

This is some terrific news, and I will fully admit I didn't expect this to go our way - AWBs have been notoriously hard to kill.

The possibilities that this will open up at the local and national levels are huge, and cannot be overestimated. With the right sequences of events (state appeal, SCOTUS affirm), this could destroy every AWB and mag cap limit in the country.

Of course, it will never get that far, because Frosh would have to be some sort of insane to appeal to the current SCOTUS and risk that happening on the national level. But does he have a choice? He's AG, he's supposed to defend our laws... maybe repeal is closer than we think?

 

[RoboRay]

So lets say we live in carzy-backwards land. And the General Assembly decides they want to repeal FSA2013 before the court case comes due for strict scrutiny.

That would pretty much kill the re-trail and may mean that the next time they want to pass something similar they won't have to hold it up to the same strict scrutiny as if they had retried Kolbe.

Well, Hogan has said all along that FSA2013 is the law of the land and he's not going to try to change it.

Veto!

Yeah, they could probably override it, but still... the sheer irony!

 

[teratos]

I predict this will go down a lot like other decisions.....DC comes to mind.....

Court remands it back to lower court......lower court drags ass and doesnt really comply

Goes back to appeals court

Over and over until supreme court makes a decision.......

OR....pigs could fly and Congress could impeach the moonbat judge

Where the hell did you come from? Been a while.....

 

[dist1646]

If I understood it correctly, I think judge King supported the "equal protection" argument against FSA. He is clearly a subscriber to Bloomberg otherwise.

The "strict scrutiny" part of the decision is huge for our side!

 

[Mrhyde]

You are correct that if they repealed the law the case would end. They could then pass a "lite" version. I'm not sure the courts would appreciate these shenanigans.

This does have far-reaching implications. I'm sure CA if looking at this with interest given their brain-damaged lawmakers.

Look at that! I'm not TOTALLY brain dead haha. Thanks!

So then that makes me wonder what the GA will do now. I'm sure this will still be dragged out FOR EVER. But it adds an extra level of interest.

And it makes me wonder. Would we rather drag this out under strict scrutiny, knowing that they probably can't make it hold up?

Or do we hope the GA kills it and we get instant gratification?

Both are good outcomes, for different reasons.

 

[Mr H]

Hoe does this now impact the current general assembly? I know there is no decision, but do we see an increase in bills to try and add more barriers?

I would really be surprised.

Most of the 'opposition' seems acutely aware that not only is the 2A community watching, but they would end up having to go override a very popular Governor in a period of newly regenerating economic goodness.