En Banc hearing in Parker vs DC gun case denied
So either the decision stays or DC takes it to Supreme Court:
Here's the text
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 04-7041 September Term, 2006
03cv00213
Filed On: May 8, 2007 [1039073]
Shelly Parker, et al.,
Appellants
v.
District of Columbia and Adrian Fenty, Mayor of the
District of Columbia,
Appellees
BEFORE: Ginsburg, Chief Judge, and Sentelle, Henderson, Randolph,* Rogers,* Tatel,* Garland,* Brown, Griffith, and Kavanaugh, Circuit Judges
O R D E R
Appellees' petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing and appellees' Fed. R. App. P. 28(j) letter, it is ORDERED that the petition be denied.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY:
Michael C. McGrail
Deputy Clerk
Here's the text
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 04-7041 September Term, 2006
03cv00213
Filed On: May 8, 2007 [1039073]
Shelly Parker, et al.,
Appellants
v.
District of Columbia and Adrian Fenty, Mayor of the
District of Columbia,
Appellees
BEFORE: Ginsburg, Chief Judge, and Sentelle, Henderson, Randolph,* Rogers,* Tatel,* Garland,* Brown, Griffith, and Kavanaugh, Circuit Judges
O R D E R
Appellees' petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing and appellees' Fed. R. App. P. 28(j) letter, it is ORDERED that the petition be denied.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY:
Michael C. McGrail
Deputy Clerk
0
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Good. 0 -
SUCCESS!!!
Now the NRA is presented with an opportunity to redeem itself, in my eyes at least.
This decision will be appealed to the SCOTUS, there is too much confusion from the seperate appeals court ruling.
The NRA did its damndest to de-rail Parker at the appealate level. Their stated goal was to prevent it from reaching the supremes....now that is going to happen, regardless of whether they want it to or not.
The time has come for the NRA to put up or shut up. Either they are with us, or against us......0 -
quote:Originally posted by Rack Ops
SUCCESS!!!
Now the NRA is presented with an opportunity to redeem itself, in my eyes at least.
This decision will be appealed to the SCOTUS, there is too much confusion from the seperate appeals court ruling.
The NRA did its damndest to de-rail Parker at the appealate level. Their stated goal was to prevent it from reaching the supremes....now that is going to happen, regardless of whether they want it to or not.
The time has come for the NRA to put up or shut up. Either they are with us, or against us......
Pretty much....We shall see.0 -
Thanks for the info.
Now the fat is in the fire.
Who knows how the Supreme Court will rule on this?0 -
quote:Originally posted by allen griggs
Who knows how the Supreme Court will rule on this?
i do, but i am not telling. anyone know a bookie who'd take bets on this?0 -
quote:Originally posted by thesneakyrussian
quote:Originally posted by allen griggs
Who knows how the Supreme Court will rule on this?
i do, but i am not telling. anyone know a bookie who'd take bets on this?
They take bets for anything in Vegas0 -
quote:Originally posted by Rack Ops
SUCCESS!!!
Now the NRA is presented with an opportunity to redeem itself, in my eyes at least.
This decision will be appealed to the SCOTUS, there is too much confusion from the seperate appeals court ruling.
The NRA did its damndest to de-rail Parker at the appealate level. Their stated goal was to prevent it from reaching the supremes....now that is going to happen, regardless of whether they want it to or not.
The time has come for the NRA to put up or shut up. Either they are with us, or against us......
I hope it's SUCCESS!!!
There was a time when I didn't have a doubt who's side the NRA was on. Now I'm not so sure. Let's hope they are with us, and if so, not just a show.
We have a better chance of winning now than we have had for quite some time, and better than it will be after the Democrats take all in the next election.
I have a feeling this will be a make or break decision.0 -
The supreme court can choose not to hear the case either.
We shall see.0 -
quote:Originally posted by pickenup
The supreme court can choose not to hear the case either.
We shall see.
If that happens, it's a win for the good guys. [:)]0 -
quote:Originally posted by pickenup
The supreme court can choose not to hear the case either.
We shall see.
That would be my bet on what they will do. That way they can let DC's ban die without changing a whole lot. And DC will then only make guns legal for in the house, not for carry.0 -
quote:Originally posted by PC800
quote:Originally posted by pickenup
The supreme court can choose not to hear the case either.
We shall see.
That would be my bet on what they will do. That way they can let DC's ban die without changing a whole lot. And DC will then only make guns legal for in the house, not for carry.
It would seem that that might be their best option since they really don't lose much. But the way they are screaming you would think that free guns were being handed out to everyone on the street.
To allow it to go to the Supreme Court could be very risky. If we won a case at that level it could cause a landslide in our favor across the US.0 -
quote:Originally posted by sig232
quote:Originally posted by PC800
quote:Originally posted by pickenup
The supreme court can choose not to hear the case either.
We shall see.
That would be my bet on what they will do. That way they can let DC's ban die without changing a whole lot. And DC will then only make guns legal for in the house, not for carry.
It would seem that that might be their best option since they really don't lose much. But the way they are screaming you would think that free guns were being handed out to everyone on the street.
To allow it to go to the Supreme Court could be very risky. If we one a case at that level it could cause a landslide in our favor across the US.
Or if we lost, it would be a landslide against us.0 -
I'm hoping it goes to the supreme court, I have a good feeling the pro-gun side will prevail if it does. 0 -
quote:Originally posted by PC800
Or if we lost, it would be a landslide against us.
Nothing ventured, nothing gained
Right now, Sarah Brady is sh**ting herself. Thats good enough for me0 -
I am of the opinion that if it goes to the Supremes, we will prevail. My reasoning being that if not, why have the anti's not been fighting tooth and nail to get a case before them? They have instead always gone the legislative route to prohibit guns from citizens knowing that a strict interpretation of Constitutional law would lead to their utter defeat.
[:D]0 -
quote:Originally posted by CA sucks
I'm hoping it goes to the supreme court, I have a good feeling the pro-gun side will prevail if it does.
Roberts, Alito, Scalia, and Thomas would likely all vote to uphold it. That's four votes right there. You only need five. The fifth could be Kennedy, he's more Libertarian than Conservative so gun-rights would be something he could go for.
Or maybe Souter would be the fifth vote. He got roughed up by some thugs who tried to rob him when he was jogging one day in Washington DC, so maybe he would recognize the need to have a defense against criminals in the city.0 -
I do think its worth the risk. I hope the DC crowd files the brief and it is accepted by the Supreme Court. The timing might be very good.
I was unable to locate any info on the Parker case being denied. What is a good link?0 -
quote:Originally posted by p3skyking
I am of the opinion that if it goes to the Supremes, we will prevail. My reasoning being that if not, why have the anti's not been fighting tooth and nail to get a case before them? They have instead always gone the legislative route to prohibit guns from citizens knowing that a strict interpretation of Constitutional law would lead to their utter defeat.you are right! you win the stuffed teddy bear.
from the NY Times article the other day,quote:The earlier consensus, the law professors said in interviews, reflected received wisdom and political preferences rather than a serious consideration of the amendment's text, history and place in the structure of the Constitution. ...http://forums.gunbroker.com/topic.asp?TOPIC_ID=2456890 -
quote:Originally posted by pickenup
The supreme court can choose not to hear the case either.
We shall see.
That's my guess. The arguement will continue. Liberals will deny this ruling exists.
Wait what about the stay?0 -
while researching SCOTUS cases and rulings, here's an interesting summary i came up on:
Descriptions of the supreme court gun cases
so looking at all this, i am not sure how this is going to fly.0
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