The above post leads into my question about the legal/appeals process on this. Maybe some of you legal eagles know the answer.
If, hypothetically, Woodlock rules in favor of 2a on Thursday, what is Maura’s next move and how long could we realistically expect to be able to have FFLs in operation before there’s another closure/appeal?
This isn't Woodlock's first rodeo, and I suspect his rulings, like Benitez's magazine ruling in California, may be well calibrated to maximize impact and minimize the likelihood of being overturned on appeal.
He may end up issuing a TRO/preliminary injunction Thursday or Friday, after taking the proposed form of order under advisement. When he issues the injunction, it may be effective immediately, in which case gun stores could open up right away, assuming preparations have been made.
Maura's road from there is to request a stay from Woodlock. He does not have to rule on the request immediately, and like Benitez with his magazine ruling in CA, he may strategically sit on it for a few days or a week. Then, gun stores being open becomes the new status quo.
Once he rules on the stay, Maura can request interlocutory relief from the First Circus. That's a crapshoot, so I won't try to play Nostradamus on that one.
That's a great response and I hope the opposition isn't reading our site to get such good legal opinion!
However, she still could not use that answer to explain the off-on-off nature of stores on the essential list yes?
A reasonable response there would be that the governor is managing through a global pandemic, and the and his staff are doing their best to navigate through a rapidly changing situation to save as many lives as possible. Changes and updates to policies are going to, and should, happen frequently as they quickly navigate through murky waters and receive new federal guidance that has to be quickly customized to the unique needs of Massachusetts. Mistakes and oversights happen, and when they do they are corrected as quickly as possible, and that's what happened in this case.
(Again, I don't agree with the above, but that's what a good lawyer would say.)