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August 10, 2009, 08:03 AM | #51 | |
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Having said that, it looks like most of the Chicago brief is basically "Heller was wrongly decided." I can't imagine that is going to be very helpful when the same five Justices who decided Heller read it - especially given that they are using the same arguments that were unpersuasive in Heller. |
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August 10, 2009, 12:24 PM | #52 | |
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August 16, 2009, 01:03 PM | #53 |
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My legal question:
First conflict of law, 9th and 7th circuits, on the Incorporation of the 2 Amendment, against the states. How often are such issues brought before the Supreme Court? In other words, what's the process to grant cert? How many judges, and which ones, approve bringing something up for cert? |
August 16, 2009, 04:01 PM | #54 |
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It requires that 4 Justices agree to hear a case in order to grant Cert.
The most often used route to get to the Supreme Court (SCOTUS), is to have a Circuit split. That is, one or more Circuit Courts disagree in the interpretation of a law or other legal issue. The SCOTUS will generally take such an appeal to remedy the differences, so as to make the law/issue one of uniformity throughout the nation. Currently, because the 9th Circuit will decide the Nordyke case en banc, there is no split in the Circuits. How this will affect certiorari, is anyone's guess. |
August 16, 2009, 09:48 PM | #55 |
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Last edited by Poseidon28; August 18, 2009 at 12:04 AM. Reason: moderation |
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