Oregon Open carry loaded in portland?

[arakboss]

When a majority of non-recused active judges on the 9th circuit court of appeals voted to take Young v. Hawaii en banc, that automatically vacated the three-judge panel decision. "Vacated" means the three-judge panel decision does not exist and can not be cited within the 9th circuit.

Young v. Hawaii is stayed pending the decision in NYSRPA v. NYC. That will not change unless something unusual happens such as the lone plaintiff (Mr. Young) dies or he is issued a permit to carry a handgun, at that point his case would become moot. "En Banc" panels in this circuit are uniquely limited en banc panels of eleven judges. Although the 9th circuit has come close a few times to granting a "Full Court" petition (all active judges, currently 29), it hasn't. That might change as we now have 10 newly minted Trump circuit court judges eager to assert themselves and it only takes a majority of non-recused judges to vote to hear a case either "en banc" (limited) or before a Full Court panel.

When the mandate issues in Young v. Hawaii, my appeal (Charles Nichols v. Gavin Newsom et al) will automatically be taken under submission for a decision. The three-judge panel decision in my appeal will then be binding upon me and the State of California, notwithstanding further review by an en banc or Full Court panel.

Thanks for the clarifying the status on Young v. Hawaii. I was wondering when we should expect a decision from the SCOTUS on the New York Case?

 

[Ura-Ki]

Thanks for the clarifying the status on Young v. Hawaii. I was wondering when we should expect a decision from the SCOTUS on the New York Case?

The New York case is on the docket for October 2020, and it's expected to go 6 weeks!
That case may decide a whole bunch of 2nd issues besides what's actually being litigated!
Fingers crossed for a good ruling, Gorsetch is solid, Kavagnah, is questionable, and the others are a toss up with RBG a solid anti 2nd, but you never know!

 

[CharlesNichols]

Thanks for the clarifying the status on Young v. Hawaii. I was wondering when we should expect a decision from the SCOTUS on the New York Case?

It took 100 days from oral argument to a decision in District of Columbia v. Heller and 113 days from oral argument to a decision in McDonald v. City of Chicago. I don't see NYSRPA v. NYC as being more complicated than either of those two decisions but, assuming it is a narrow decision in our favor, conservative justices love to nitpick and split hairs, that takes longer.

Whether or not that takes us beyond the end of June, when the justices go on their summer break, we don't know. We do know that the overall average time between oral argument and a decision last term was 105 days and the term before that was 109 days. The average time for a decision is the longest for those cases argued in the first quarter of the session (October, November, and December). And we know that the longest time between oral argument and a decision last term was 261 days (258 days in the term before that).

Long story short (I know, too late) we can't expect a decision. Just as my mother used to tell me when I was a young child asking, "When will dinner be ready?" Her response, "When it's done!" perfectly applies to all SCOTUS opinions.

My crystal ball predicted a decision this month. Ask me again at the end of the month.

 

[arakboss]

It took 100 days from oral argument to a decision in District of Columbia v. Heller and 113 days from oral argument to a decision in McDonald v. City of Chicago. I don't see NYSRPA v. NYC as being more complicated than either of those two decisions but, assuming it is a narrow decision in our favor, conservative justices love to nitpick and split hairs, that takes longer.

Whether or not that takes us beyond the end of June, when the justices go on their summer break, we don't know. We do know that the overall average time between oral argument and a decision last term was 105 days and the term before that was 109 days. The average time for a decision is the longest for those cases argued in the first quarter of the session (October, November, and December). And we know that the longest time between oral argument and a decision last term was 261 days (258 days in the term before that).

Long story short (I know, too late) we can't expect a decision. Just as my mother used to tell me when I was a young child asking, "When will dinner be ready?" Her response, "When it's done!" perfectly applies to all SCOTUS opinions.

My crystal ball predicted a decision this month. Ask me again at the end of the month.

Thanks

 

[Wombat of Doom]

I find it very disturbing that this entire community interprets things in the worst possible way if there is anything left open to interpret. if these unconstitutional laws are to be challenged they must be discussed and they must be discussed openly. every place where these are supposed to be discussed these conversations get shut down buy scared people who assume the worst in one another. usually boomers. until we can talk like grown adults about these issues we can't come together and challenge them in the waist necessary to take them down. that is what I'm interested in being a part of. I don't want to stand around on a street corner holding a sign I don't really think that does anything. I want to be much more strategic with my time, effort and resources.

We assume the worst because we are grown adults. It is the way the antis work.

 

[Goosebrown]

The New York case is on the docket for October 2020, and it's expected to go 6 weeks!
That case may decide a whole bunch of 2nd issues besides what's actually being litigated!
Fingers crossed for a good ruling, Gorsetch is solid, Kavagnah, is questionable, and the others are a toss up with RBG a solid anti 2nd, but you never know!

Actually it was argued in December, 2019. The decision is anticipated in June? But it could be any time. Recently, thorny decisions tend to be made at the end of the sesssion.

In short, no one knows when it will come, I bank on early summer.