NSSF filed vs AGO!

[Len-2A Training]

Tying NRA to the suit is the kiss of death in the 1st District USDC!

Saddle up for the appeal as the verdict is in as soon as they hear NRA is involved in this region.

 

[Dadstoys]

Tying NRA to the suit is the kiss of death in the 1st District USDC!

Saddle up for the appeal as the verdict is in as soon as they hear NRA is involved in this region.

Say it ain't so, no court in the US has a political agenda.
Or so I've been hearing for the last few weeks.
It was pretty much a given this was going to the supremes from the start wasn't it?

 

[MachineHead]

Tying NRA to the suit is the kiss of death in the 1st District USDC!

Saddle up for the appeal as the verdict is in as soon as they hear NRA is involved in this region.

Maybe that's the plan. IIRC, AWBs have been argued in other high courts and have been argued back and forth. If the SCOTUS leans right, then we could very well see AWBs deemed illegal.

 

[terraformer]

You are correct. I'll start a 'Worman' thread so we won't get confused.

BTW - this is not out of the ordinary. Extensions of this sort are routinely sought - usually due to resource and scheduling constraints -- and are routinely assented to by the opposing party. Which is exactly what happened here. The AGO asked us for an extension, we agreed and the court granted it. The AGO has until March 16th to answer the complaint on behalf of all defendants.

But you can expect the answer to come in the form of a motion to dismiss. If they were answering the complaint they wouldn't need the extra time.

 

[JohnZ]

If she wasn't suing everyone to try and generate a political career for herself, she'd have the resources to respond in a timely manner.

 

[Olympus Racing]

Has anyone to this been arrested or charged for her imaginary law!?

 

[Knuckle Dragger]

Has anyone to this been arrested or charged for her imaginary law!?

No, and they're not likely to be unless a dealer really wants to push their luck. Even then, the AG's likely to bring a 93A consumer protection action against a dealer.

This is all about fear and intimidation. They don't actually want to press this claim in court if they can avoid it. And if they do, they want it to be on their terms - state court and 93A.

 

[Knuckle Dragger]

Yesterday the Attorney Genederal filed her reply to the plaintiff's opposition to here MTD.

Just to recap.

01/10/17 - AG's Motion to Dismiss
01/24/17 - Plaintiffs' Opposition to AG's MTD
02/21/17 - AG's Reply to plaintiff's opposition to AG's MTD.

 

[amm5061]

Yesterday the Attorney Genederal filed her reply to the plaintiff's opposition to here MTD.

Just to recap.

01/10/17 - AG's Motion to Dismiss
01/24/17 - Plaintiffs' Opposition to AG's MTD
02/21/17 - AG's Reply to plaintiff's opposition to AG's MTD.

I love how she claims the constitution protects her from being sued in federal court. Because, y'know, the constitution doesn't apply to the little people.

 

[DarthRevan]

I can't read it, the air of superiority is nauseating.

 

[W.E.C]

Yesterday the Attorney Genederal filed her reply to the plaintiff's opposition to here MTD.

Just to recap.

01/10/17 - AG's Motion to Dismiss
01/24/17 - Plaintiffs' Opposition to AG's MTD
02/21/17 - AG's Reply to plaintiff's opposition to AG's MTD.

So, does the plaintiff get a second bite at the apple as well?

how long does the tennis match go on before the judge files?

Eta:
wouldn't I love to see a judge ,after looking at the response and pointing to the 11th amend. Posturing by the ag ,

point to the 2A ,simple and precise, "Shall not be infringed" .
And state
ruling for the plaintiff.

 

[Coyote33]

?

 

[Coyote33]

You are correct. I'll start a 'Worman' thread so we won't get confused.

BTW - this is not out of the ordinary. Extensions of this sort are routinely sought - usually due to resource and scheduling constraints -- and are routinely assented to by the opposing party. Which is exactly what happened here. The AGO asked us for an extension, we agreed and the court granted it. The AGO has until March 16th to answer the complaint on behalf of all defendants.

Did you ever do this Worman thread?

From Comm2A "Leaderboard":
"03/16/2017 -- Answer to Complaint Due" What happened? Conference in 20 days?

 

[jasons]

Did you ever do this Worman thread?

From Comm2A "Leaderboard":
"03/16/2017 -- Answer to Complaint Due" What happened? Conference in 20 days?

The defendants answered the complaint on time. Nothing terribly exciting in the answer, more of a "yep we received it" confirmation type of thing.

The conference is for scheduling, nothing exciting there either. Both of these updates are routine.


Sent from my iPhone using Tapatalk

 

[Chevy 2 65]

This may hurt?

The Enforcement Notice Is Consistent withMaryland’s Guidance....

They are going to use this over, and over again! The 2nd amendment is not about home defense !

The Enforcement Notice Does Not Implicate the Second AmendmentBecause It Imposes, at Most, a De Minimis Burden onthe Right to Possess a Firearm in the Home for Self-Defense

Also, now the AR is an M16 Military assualt weapon.

 

[MachineHead]

We're going to need a Gorsuch to strike these AWBs down. This is getting out of line.

 

[Chevy 2 65]

We're going to need a Gorsuch to strike these AWBs down. This is getting out of line.

It will take far too long to get that done. Never mind waiting for this shit storm to boil over.

 

[Knuckle Dragger]

We're going to need a Gorsuch to strike these AWBs down. This is getting out of line.

Let's just talk about what has to happen in order for SCOTUS to take AND make a favorable decision in an AWB case. The most promising case at this point is Kolbe out of Maryland in the fourth circuit.

The district court in Kolbe ruled that the AWB did implicate the Second Amendment, but (claimed to have) applied intermediate scrutiny, ruling that the ban was permissible.

A three judge panel of the Fourth Circuit rule that strict scrutiny should apply and sent the case back for reconsideration.

However, the full Fourth Circuit intervened and re-heard the case, ruling that the AWB did NOT implicate the Second Amendment at all. The decision was almost Caetano-esque in the way it mis-applied Heller, making it a better candidate than most for SCOTUS review.

Four of the nine (assuming Gorsuch is seated in time) justices have to agree before the court grants review to any case. For a Second Amendment case, I don't think that four justice will vote for review unless they're pretty sure that they have five votes for a pro-2A decision.

The Institute for Justice's podcast did a really good job of reviewing this ruling. I highly recommend that people listen to it: https://soundcloud.com/institute-fo...7?in=institute-for-justice/sets/short-circuit

 

[jar]

Many people are looking at Gorsuch as the savior, but even if he's totally pro2a through and through, that just gets us back to where we were when Scalia was alive.

Hopefully the en banc decision in Kolbe is egregious enough to succeed where many other 2a cases have failed in getting cert, but I'm less than optimistic.

 

[amm5061]

Many people are looking at Gorsuch as the savior, but even if he's totally pro2a through and through, that just gets us back to where we were when Scalia was alive.

Hopefully the en banc decision in Kolbe is egregious enough to succeed where many other 2a cases have failed in getting cert, but I'm less than optimistic.

Yes, but it puts us in a good place. If RBG strokes out then we're all set for quite a long time.

 

[rwl1955]

Many people are looking at Gorsuch as the savior, but even if he's totally pro2a through and through, that just gets us back to where we were when Scalia was alive.

Hopefully the en banc decision in Kolbe is egregious enough to succeed where many other 2a cases have failed in getting cert, but I'm less than optimistic.

********
We need one more appointment to ensure a victory. The Dems will go totally nuclear if Trump gets another pick. Ruth, time to go to the home my Dear.

 

[bigblue]

********
We need one more appointment to ensure a victory. The Dems will go totally nuclear if Trump gets another pick. Ruth, time to go to the home my Dear.

Don't you mean go swimming in flames?

 

[Chevy 2 65]

pay attention to what the anti's say now. They are not calling the evil black rifle an AR anymore, it's now an M16 to match the military naming. BS

 

[rwl1955]

pay attention to what the anti's say now. They are not calling the evil black rifle an AR anymore, it's now an M16 to match the military naming. BS

********
Their new name for a AR-15 is a "weapon of war". These anti's really think these things thru and have full time operatives working 24/7 to advance their anti-American agenda. Soros has deep pockets and they're masters of PR. Just look at the mayhem they create at Republican town halls. They are highly organized and motivated and true believers. I'm pissed the GOP hasn't come up w/a plan to stifle their disruptive behavior. Why hasn't a GOP video/media person put together a video of all the highlights from Trump speeches during the campaign and his speech on the night of the election and ending with his inauguration speech and that DB screaming "NOOOOO!". They should have that cued up and as soon as the moonbats start disrupting the meeting hit play and just stand there and smile.

 

[goodlife30]

********
Their new name for a AR-15 is a "weapon of war". These anti's really think these things thru and have full time operatives working 24/7 to advance their anti-American agenda. Soros has deep pockets and they're masters of PR. Just look at the mayhem they create at Republican town halls. They are highly organized and motivated and true believers. I'm pissed the GOP hasn't come up w/a plan to stifle their disruptive behavior. Why hasn't a GOP video/media person put together a video of all the highlights from Trump speeches during the campaign and his speech on the night of the election and ending with his inauguration speech and that DB screaming "NOOOOO!". They should have that cued up and as soon as the moonbats start disrupting the meeting hit play and just stand there and smile.

Everything is a weapon of war. Wasn't Goliath killed by a rock? Might as well ban them too.

 

[rwl1955]

Remember, Gorsuch is the replacement for Scalia. Schmucky is guilty of premature ejaculation.
**********
"Senate Minority Leader Charles E. Schumer said Thursday that Democrats will attempt to filibuster Judge Neil Gorsuch’s nomination, saying he would tilt the Supreme Court too far away from what Democrats want to see.

“After careful deliberation I have concluded that I cannot support Judge Neil Gorsuch’s nomination to the Supreme Court,” Mr. Schumer said, announcing his filibuster on the Senate floor.

The speech amounted to a challenge to Republicans, who may now have to decide whether to trigger the “nuclear option” and change the chamber’s rules to curtail the power of the filibuster.


Mr. Schumer, who four years ago himself voted to trigger the nuclear option on all other nominees, told Republicans not to follow his lead.

“The answer isn’t to change the rules, it’s to change the nominee,” the New York Democrat said Thursday."
http://www.washingtontimes.com/news/2017/mar/23/schumer-says-dems-will-filibuster-gorsuch/

- - - Updated - - -

Everything is a weapon of war. Wasn't Goliath killed by a rock? Might as well ban them too.

********
If they could they would.

 

[bigblue]

Remember, Gorsuch is the replacement for Scalia. Schmucky is guilty of premature ejaculation.
**********
"Senate Minority Leader Charles E. Schumer said Thursday that Democrats will attempt to filibuster Judge Neil Gorsuch’s nomination, saying he would tilt the Supreme Court too far away from what Democrats want to see.

“After careful deliberation I have concluded that I cannot support Judge Neil Gorsuch’s nomination to the Supreme Court,” Mr. Schumer said, announcing his filibuster on the Senate floor.

The speech amounted to a challenge to Republicans, who may now have to decide whether to trigger the “nuclear option” and change the chamber’s rules to curtail the power of the filibuster.


Mr. Schumer, who four years ago himself voted to trigger the nuclear option on all other nominees, told Republicans not to follow his lead.

“The answer isn’t to change the rules, it’s to change the nominee,” the New York Democrat said Thursday."
http://www.washingtontimes.com/news/2017/mar/23/schumer-says-dems-will-filibuster-gorsuch/

- - - Updated - - -


********
If they could they would.

"Rules for thee, not for me."

 

[rwl1955]

Remember, Gorsuch is the replacement for Scalia. Schmucky is guilty of premature ejaculation.
**********
"Senate Minority Leader Charles E. Schumer said Thursday that Democrats will attempt to filibuster Judge Neil Gorsuch’s nomination, saying he would tilt the Supreme Court too far away from what Democrats want to see.

“After careful deliberation I have concluded that I cannot support Judge Neil Gorsuch’s nomination to the Supreme Court,” Mr. Schumer said, announcing his filibuster on the Senate floor.

The speech amounted to a challenge to Republicans, who may now have to decide whether to trigger the “nuclear option” and change the chamber’s rules to curtail the power of the filibuster.


Mr. Schumer, who four years ago himself voted to trigger the nuclear option on all other nominees, told Republicans not to follow his lead.

“The answer isn’t to change the rules, it’s to change the nominee,” the New York Democrat said Thursday."
http://www.washingtontimes.com/news/2017/mar/23/schumer-says-dems-will-filibuster-gorsuch/

- - - Updated - - -


********
If they could they would.

*******
Scmucky and his party still hasn't come to grips w/losing the election. WAAA!

 

[Rob Boudrie]

I would have preferred the challenge to the AGs edict be more narrowly tailored and limited to her mis-interpretation of MGL.

The problem with throwing in a constitutional challenge is that the court can easily rule against us on that, and ignore the question regarding misinterpretation of the law. This is a common tactic used by the courts when it wants to rule in a particular way, and the appellant raises more than one issue. The issues for which the law demands an answer not desired by the court are simply ignored in the ruling which ends with the words "denied". Add to that the fact that multiple federal courts have ruled that the AWBs are constitutional and we have a setup for the court ignoring the other issues.

 

[DispositionMatrix]

pay attention to what the anti's say now. They are not calling the evil black rifle an AR anymore, it's now an M16 to match the military naming. BS

This is an extension of what the VPC advocated in 1988 (http://www.vpc.org/studies/awacont.htm) that has frankly been wildly successful for gun prohibitionists--sow fear and discord by promoting misunderstanding of what semi-automatic carbines actually are and how they work.