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	Comments on: SCOTUS Sends Seven Gun Control Challenge Cases to its May 16th Conference for Consideration	</title>
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	<link>https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/</link>
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		<title>
		By: Geoff "I'm getting too old for this shit" PR		</title>
		<link>https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/comment-page-1/#comment-2264</link>

		<dc:creator><![CDATA[Geoff "I'm getting too old for this shit" PR]]></dc:creator>
		<pubDate>Fri, 03 May 2024 14:34:35 +0000</pubDate>
		<guid isPermaLink="false">https://www.shootingnewsweekly.com/?p=6314#comment-2264</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/comment-page-1/#comment-2241&quot;&gt;David Deplorable&lt;/a&gt;.

LKB is a lawyer who, IIRC, argues cases at the federal level.  He&#039;s also a member of the SCotUS bar, that means he and other SCotUS bar members get preferential seating during court oral arguments, and he has reported back what his in-person impressions were during those arguments.

If he comments on gun cases, you can pretty much take what he says to the proverbial bank...]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/comment-page-1/#comment-2241">David Deplorable</a>.</p>
<p>LKB is a lawyer who, IIRC, argues cases at the federal level.  He&#8217;s also a member of the SCotUS bar, that means he and other SCotUS bar members get preferential seating during court oral arguments, and he has reported back what his in-person impressions were during those arguments.</p>
<p>If he comments on gun cases, you can pretty much take what he says to the proverbial bank&#8230;</p>
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		<title>
		By: David Deplorable		</title>
		<link>https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/comment-page-1/#comment-2241</link>

		<dc:creator><![CDATA[David Deplorable]]></dc:creator>
		<pubDate>Thu, 02 May 2024 20:44:33 +0000</pubDate>
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					<description><![CDATA[Great post lkb.  Whoever you are!]]></description>
			<content:encoded><![CDATA[<p>Great post lkb.  Whoever you are!</p>
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		<title>
		By: LKB		</title>
		<link>https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/comment-page-1/#comment-2236</link>

		<dc:creator><![CDATA[LKB]]></dc:creator>
		<pubDate>Thu, 02 May 2024 17:44:13 +0000</pubDate>
		<guid isPermaLink="false">https://www.shootingnewsweekly.com/?p=6314#comment-2236</guid>

					<description><![CDATA[Sorry John, but your analysis of SCOTUS practice is not accurate.   While it&#039;s OK to think positively, don&#039;t let wishful thinking color a realistic view of what&#039;s going on.  (BTW, the Maryland case is now styled Bianchi v. Brown.)

Contrary to your statement that &quot;The overwhelming majority of appeals to SCOTUS are rejected without making it to a conference,&quot; the truth is that virtually *ALL* cert petitions &quot;go to conference&quot; at some point.   But just because they &quot;go to conference&quot; doesn&#039;t mean the Court will actually discuss them -- the vast number of them are just on a list that&#039;s essentially, &quot;OK, these are the cases that have been fully briefed.  Nobody has indicated interest in taking them up, so they&#039;ll be on the &quot;cert denied&quot; order list that comes out of the conference.  Speak now or hold your peace.&quot;

What&#039;s uncommon, and a potential indication of a potential cert grant, is if a cert petition is &quot;re-listed&#039;; i.e., it went to conference but is then &quot;re-listed&quot; for discussion at a later conference . . . which is an indication that at least one Justice is interested.  (Remember, it takes the votes of four Justices to grant cert, and typically they don&#039;t want to vote to grant cert unless you&#039;re pretty sure their side will prevail -- that&#039;s why we saw so many post-MacDonald cases that should have been taken being denied:  the court was in a classic Mexican Standoff, with four pro-2A votes, four anti-2A votes, and the unpredictable Anthony Kennedy in the middle.  Neither side wanted to take a case that they could well lose and thus significantly alter the existing legal landscape.)

I&#039;m not seeing that any of these cases have been relisted.   The fact that a lot of them were referred to conference at the same time may well indicate some interest in them, but from the dockets I&#039;m not seeing anything remarkable.   Recall too that just because a case goes to conference doesn&#039;t mean the court can&#039;t simply &quot;hold&quot; it -- which they typically do if there&#039;s a pending cert grant that might provide a rule of decision for that case.

My guess is that all of these will be held pending the Rahimi decision, with a good chance that many will just be GVR&#039;d (cert GRANTED, judgment VACATED, case REMANDED for reconsideration in light of Rahimi).]]></description>
			<content:encoded><![CDATA[<p>Sorry John, but your analysis of SCOTUS practice is not accurate.   While it&#8217;s OK to think positively, don&#8217;t let wishful thinking color a realistic view of what&#8217;s going on.  (BTW, the Maryland case is now styled Bianchi v. Brown.)</p>
<p>Contrary to your statement that &#8220;The overwhelming majority of appeals to SCOTUS are rejected without making it to a conference,&#8221; the truth is that virtually *ALL* cert petitions &#8220;go to conference&#8221; at some point.   But just because they &#8220;go to conference&#8221; doesn&#8217;t mean the Court will actually discuss them &#8212; the vast number of them are just on a list that&#8217;s essentially, &#8220;OK, these are the cases that have been fully briefed.  Nobody has indicated interest in taking them up, so they&#8217;ll be on the &#8220;cert denied&#8221; order list that comes out of the conference.  Speak now or hold your peace.&#8221;</p>
<p>What&#8217;s uncommon, and a potential indication of a potential cert grant, is if a cert petition is &#8220;re-listed&#8217;; i.e., it went to conference but is then &#8220;re-listed&#8221; for discussion at a later conference . . . which is an indication that at least one Justice is interested.  (Remember, it takes the votes of four Justices to grant cert, and typically they don&#8217;t want to vote to grant cert unless you&#8217;re pretty sure their side will prevail &#8212; that&#8217;s why we saw so many post-MacDonald cases that should have been taken being denied:  the court was in a classic Mexican Standoff, with four pro-2A votes, four anti-2A votes, and the unpredictable Anthony Kennedy in the middle.  Neither side wanted to take a case that they could well lose and thus significantly alter the existing legal landscape.)</p>
<p>I&#8217;m not seeing that any of these cases have been relisted.   The fact that a lot of them were referred to conference at the same time may well indicate some interest in them, but from the dockets I&#8217;m not seeing anything remarkable.   Recall too that just because a case goes to conference doesn&#8217;t mean the court can&#8217;t simply &#8220;hold&#8221; it &#8212; which they typically do if there&#8217;s a pending cert grant that might provide a rule of decision for that case.</p>
<p>My guess is that all of these will be held pending the Rahimi decision, with a good chance that many will just be GVR&#8217;d (cert GRANTED, judgment VACATED, case REMANDED for reconsideration in light of Rahimi).</p>
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		<title>
		By: Geoff. PR		</title>
		<link>https://staging.shootingnewsweekly.com/law/scotus-sends-seven-gun-ban-rights-cases-to-its-may-16th-conference/comment-page-1/#comment-2230</link>

		<dc:creator><![CDATA[Geoff. PR]]></dc:creator>
		<pubDate>Thu, 02 May 2024 13:09:41 +0000</pubDate>
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					<description><![CDATA[Mark N. believes they won’t touch them, I hope Thomas is getting tired of their foot-dragging and bitch-slaps them into next week…]]></description>
			<content:encoded><![CDATA[<p>Mark N. believes they won’t touch them, I hope Thomas is getting tired of their foot-dragging and bitch-slaps them into next week…</p>
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