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62coltnavy · February 21, 2014, 02:19 AM

If San Diego does not take Peruta up on cert., there is a good chance that the court will take Drake, which is on calendar for tomorrow, because as I've said repeatedly but no one seems to be listening, Peruta creates a split that merits Supreme court review--and the Court doesn't need to take Peruta up to address it. All I have been saying about Moore is that it does not create a split that needs to be resolved, an opinion supported by the inaction of the Supreme Court to date. And as I've said in other contexts, I believe the Supreme Curt has been waiting for the Ninth to issue an opinion before taking another case--which makes sense in that the Ninth is the only circuit besides 2, 3, and 4 that has a state with a "may issue" law. With Peruta on the books (assuming no reversal on en banc), the time has arrived.

February 21, 2014, 02:19 AM	#143
62coltnavy Senior Member Join Date: February 1, 2011 Posts: 356	If San Diego does not take Peruta up on cert., there is a good chance that the court will take Drake, which is on calendar for tomorrow, because as I've said repeatedly but no one seems to be listening, Peruta creates a split that merits Supreme court review--and the Court doesn't need to take Peruta up to address it. All I have been saying about Moore is that it does not create a split that needs to be resolved, an opinion supported by the inaction of the Supreme Court to date. And as I've said in other contexts, I believe the Supreme Curt has been waiting for the Ninth to issue an opinion before taking another case--which makes sense in that the Ninth is the only circuit besides 2, 3, and 4 that has a state with a "may issue" law. With Peruta on the books (assuming no reversal on en banc), the time has arrived.