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Old October 17, 2012, 11:22 AM   #396
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,307
As reported in their individual threads...
  1. Donald Kilmer and Don Kates have petitioned the SCOTUS for cert on the questions of prevailing party in Nordyke (CA9).
    1. In Nordyke, after a stipulation en banc by the defendant, the Nordykes get the remedial action they wanted but were denied prevailing party status, thus rendering 14 years of litigation and lost profits by the Nordykes, moot.
    2. If left to stand, the impact on civil rights litigation is at jeopardy.
  2. John Monroe has petitioned the SCOTUS for cert in GeorgiaCarry.Org v. Georgia (CA11), 1A case (2A is a sub heading in that case).
    1. In GeorgiaCarry.Org, a test of religious scruples, designed from the whole cloth by the 11th Circuit, justified a law that regulates religious activity, by the State of Georgia. This splits the 11th from its sister circuits (3rd, 6th, 7th, 9th and 10th) and SCOTUS precedent.
    2. If left to stand, States may be able to further regulate religious activities and how a religious order may deal with internal policies.

A grant of cert (and a win) in either(both) case(s) will have little immediate effect on the 2A cases, other than some remedial value. Both cases may pique the curiosity of the Court, more for their technical aspects than for anything directly 2A related.
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