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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,929
    WV
    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.

    They basically will just follow the other circuits and trash their own precedent. Another example of the extreme case of en banc being granted to bury Heller. Seems almost automatic now.:tdown:
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,347
    Outside the Gates
    Just a bump in the road. We don't know crap about what will come of it until the court issues its ruling.

    But I fully expect Frosh to ask for a delay in the hearing, maybe allergies or some other reason.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,714
    SoMD / West PA
    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.

    This may also be a smackdown to affirm the appeal, expecting better from its district judges, than the emotional diatribe of a decision that initiated the appeal process.
     

    Storm40

    Ultimate Member
    Apr 13, 2009
    1,373
    Harford County
    This may also be a smackdown to affirm the appeal, expecting better from its district judges, than the emotional diatribe of a decision that initiated the appeal process.

    I absolutely love your unbridled optimism, sir, and I fervently hope you are right. I don't expect that to be so, but I like this ray of sunshine.
     

    shershot99

    Active Member
    Mar 22, 2010
    334
    Carroll County
    So damn tired of this it makes me sick! When will we just stand up and say enough is enough! These rights are granted by God and guaranteed by the constitution! I'm done with this communist f'n state! No matter what we do the ignorant ass dems in this state continue to vote for morons! Forget governor Hogan! He hasn't helped us one damn bit! We need to get rid of the delegates and take control of Annapolis! That is where we can win. Winning the statehouse clearly hasn't worked. I'm done!
     

    CrazyIvan

    Crazy Ivan
    Aug 2, 2013
    158
    Scaggsville (Howard County)
    So damn tired of this it makes me sick! When will we just stand up and say enough is enough! These rights are granted by God and guaranteed by the constitution! I'm done with this communist f'n state! No matter what we do the ignorant ass dems in this state continue to vote for morons! Forget governor Hogan! He hasn't helped us one damn bit! We need to get rid of the delegates and take control of Annapolis! That is where we can win. Winning the statehouse clearly hasn't worked. I'm done!

    "A little rebellion now and then is a good thing."
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,324
    I'm not convinced the judicial path is the best at this time. National-level legislation is a LOT more feasible than stacked courts. Remember, politics is downstream of culture, and the courts are downstream of politics.
     

    daggo66

    Ultimate Member
    Mar 31, 2013
    2,001
    Glen Burnie
    So damn tired of this it makes me sick! When will we just stand up and say enough is enough! These rights are granted by God and guaranteed by the constitution! I'm done with this communist f'n state! No matter what we do the ignorant ass dems in this state continue to vote for morons! Forget governor Hogan! He hasn't helped us one damn bit! We need to get rid of the delegates and take control of Annapolis! That is where we can win. Winning the statehouse clearly hasn't worked. I'm done!

    Gaining control of the GA was always what was needed. It's about time some people woke up. Hogan was never in a position to help us and anyone who thought different is a fool. The best we can hope for with a R Governor with the current GA make up is to mitigate the harm.
     

    ar154u

    Banned
    BANNED!!!
    Dec 23, 2015
    271
    En banc granted shocker. Easy to understand if you take out logic
    IANAL. This was easily expected and not totally a bad thing. If the panel agrees that Strict Scrutiny should apply then that flows down to the district level. We need Strict Scrutiny to apply in all cases regarding all constitutional rights, but more so for the 14th and 2nd Amendments. i don't want to see Intermediate Scrutiny applied outside the home. It makes it easier for the state to argue why public safety overrides your right to carry outside the home. All of this is predicated on the panel actually protecting the constitution and not lobbying from the bench. We are watching you.
     

    Apd09

    Active Member
    May 30, 2013
    982
    Westminster, MD
    Gaining control of the GA was always what was needed. It's about time some people woke up. Hogan was never in a position to help us and anyone who thought different is a fool. The best we can hope for with a R Governor with the current GA make up is to mitigate the harm.


    When GA can overrule a veto not much mitigating.


    Sent from a galaxy far, far, away....
     

    KevinK

    Ultimate Member
    Jun 24, 2008
    4,973
    Carroll County, Md
    IANAL. This was easily expected and not totally a bad thing. If the panel agrees that Strict Scrutiny should apply then that flows down to the district level. We need Strict Scrutiny to apply in all cases regarding all constitutional rights, but more so for the 14th and 2nd Amendments. i don't want to see Intermediate Scrutiny applied outside the home. It makes it easier for the state to argue why public safety overrides your right to carry outside the home. All of this is predicated on the panel actually protecting the constitution and not lobbying from the bench. We are watching you.
    :lol::lol2:

    I really hope they do agree, but I have serious doubts about it. Hope I am wrong.
     

    ar154u

    Banned
    BANNED!!!
    Dec 23, 2015
    271
    The GA realizes they can make any law they want to, even a law that confiscates all firearms in this state. They know that law will pass and even if Hogan veto's it they will override his veto. Then the state begins collecting and destroying all firearms. The point is all laws are constitutional until they are challenged and overturned in court. This is not how it is supposed to be. The lawmakers swear an oath to the constitution and everyone of them have violated their oaths. Our court system is not supposed to fix this, out democratic system is supposed to fix this by voting these tyrants out. The issue is these tyrants make sure to pander to the uneducated and lazy, giving them " entitlements " which keeps them in power. Unfortunately, what needs to happen now will never happen because we would be labeled domestic terrorists and killed or thrown in jail for even suggesting overthrowing the Maryland Government. Moving out is no option because liberals are the majority and they have spread their cancer all over the U.S. This is sad and scary altogether.
     

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