SAF Issued file new law suit challenging common semiautomatic rifle ban
- Thread starter bigjoegood1
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pcfixer
Ultimate Member
quoted by FPC..Our lawsuit challenging Maryland's "assault weapons" ban (Bianchi v. Frosh) is not on today's Supreme Court orders list. If the case is not distributed for another conference later today, then it's likely being held pending the decision in NYSRPA v. Bruen.
Kharn
Ultimate Member
Frosh has a sad mustache.
pcfixer
Ultimate Member
Did not see a relist or denial for cert from today either.
Seems we will likely see GVRs, and not per curiams in the next orders list.
Boondock Saint
Ultimate Member
A GVR seems like it might be a bit disappointing. Bruen chiefly addressed the may issue requirement, but the opinion went further in addressing other issues. How far will a circuit (the 4th in particular) be willing to take the issue on their own in light of Bruen?
My guess is not as far as we'd like. Then we find ourselves waiting for another circuit conflict.
My guess is not as far as we'd like. Then we find ourselves waiting for another circuit conflict.
Can you translate for the legally verbose challenged
The original 4th circuit 3 Judge decision in Kolbe was a slam dunk for us. It was the en banc appeal that took that away.
Boondock Saint
Ultimate Member
GVR - grant, vacate, remand
The court grants the petition to hear the case, then promptly vacates the lower court's decision, and remands it back to the lower court to try again based on new information. In this case, it would be GVR'ed with the guidance to hear again in light of the recent Bruen ruling.
Boondock Saint
Ultimate Member
A GVR is when a cert petition is "Granted, Vacated, and remanded" back down to the lower court.
A Per Curiam is a smack down by the SCOTUS, stating see our precedent, because the lower courts got it wrong.
But AWB stays in place until District Court issues injunction and/or new decision?
Yes. I should not have made my statement so strongly. Action will be needed in Bianchi.
Intermediate Scrutiny is toast though.
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