|
Considering the restraints that Judge Legg was under (Masciandaro and Chester), his decision was bold and decisive.
The 4th Circuit will have to overturn both those prior cases in order to reverse Woolard. I don't see this happening.
Several things are rolling around my pea-brain. I see this as a plus for the upcoming Peterson orals (10th Circuit). I also see this as bolstering the arguments of Moore in their upcoming 7th Circuit briefs.
Fact is, this is going to play at all the current carry cases in the 1st, 2nd, 3rd, 5th, and 9th Circuits.
As far as any injunctive relief, I suspect we will see what Judge Legg has in mind in the next couple of days. I also expect MD to ask for a stay of the relief and be denied by Judge Legg. In order to get a stay, the State has to show that they might succeed on the merits of their argument. Legg has already ruled that they fail as a matter of law.
MD can, of course, move for a stay when they file their appeal to the 4th. It is unclear what the administrative Judge will do in that case.
Best case scenario is that the 4th denies the stay, MD appeals that denial to the Chief Judge (Roberts) or directly to the SCOTUS who also denies the motion. That would be a clear signal (to every court in the U.S.) that Judge Legg's opinion will stand.
|