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Old September 24, 2009, 11:02 PM   #3
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,316
Gene Hoffman has the official order on his site. Download it here.

Just looked at the SCOTUS website, and all three (Maloney; NRA and McDonald) are now scheduled for conference next Tues. the 29th.

Let me see if I can put some kind of perspective on what just happened today.

We've had the en banc orals in Nordyke. There seemed, to me, to be 2 questions the 9th circuit was wanting more information on. First, the incorporation issue itself. Second, the issue of just what is a "sensitive" place. At least, that's what I get out of hearing the questions put to both sides at orals.

That kinda brings up another aspect. Normally, the audio of the orals are put up by noon the next day. Here however, the audio was up within a matter of minutes. Not in and of itself unusual, but odd, nonetheless.

Now just at days end, the case submission has been vacated and the 9th circuit is waiting on the what the Supreme Court does (if anything) with the three current Incorporation cases.

After weighing as many different scenarios as I can think of, my best guess is that the 9th Circuit is subtly asking the Supreme Court to grant cert.
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