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Old July 9, 2013, 11:32 AM   #51
Spats McGee
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Quote:
Originally Posted by Al Norris
What just happened? Is this to be considered a sua sponte request from the Court for a response?
I can't get to the Order extending time, but I think that's a pretty likely scenario. If the Court didn't want a response, it wouldn't issue an order extending time for one.
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Old July 9, 2013, 09:08 PM   #52
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I agree with Spats. It's probably difficult for most folks to understand but states often do not file a response unless ordered to do so by the Supreme Court. MANY petitions for cert are weeded out by staff review of the petition without a response.
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Old July 10, 2013, 08:04 AM   #53
Al Norris
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Generally, if there is no response to the petition, the Court will in almost all the cases, deny cert.

This is where I had a problem.

In all the cases that I've watched, shortly after the filing of the waiver to respond, there is always an order "inviting" a response by a particular date. My understanding of this is that one (or perhaps, more) of the Justices is slightly interested. Inviting a response does not indicate that cert will be granted. It merely moves you out of the immediate path for a denial (which can still come later).

In this instance, an order was not issued. The docket simply extends the time for a response. Searching the various orders of the court, turns up nothing that pertains to this case.

My thinking is that this is one of the clerks doing the "inviting." Hence my improper use of the term, sua sponte.
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Old October 12, 2013, 04:40 AM   #54
NatoRepublic
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It would appear that lane did get a response from the government, even if it amounts to a rather short pontification on the governments part. It was ripped up Gura in the response>

Unfortunately I have lost my login to PACER so this will have to do.

http://www.scotusblog.com/case-files...lane-v-holder/
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Old October 12, 2013, 06:50 AM   #55
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It's only an issue of standing in this case. So if we win we simply get a trip back to the lower court to actually address the real issue.
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Old October 14, 2013, 08:37 AM   #56
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If the Court habitually denies Cert to a petition without a response, why would anyone ever respond?
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Old October 14, 2013, 01:55 PM   #57
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This case, as it is currently filed for cert, is only about standing. I fully expect the SCOTUS to Grant, Vacate and Remand (GVR). It is a simple (and wholly correct) solution.
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Old October 15, 2013, 08:55 AM   #58
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This case isn't in today's list of orders, so...they're still thinking about it?

That's what I would expect if they're going to GVR it, so it's lack in this list is probably a good thing:

http://www.supremecourt.gov/orders/c...13zor_4g25.pdf
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Old October 15, 2013, 08:56 AM   #59
Al Norris
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The case was not listed in the orders currently filed: Order List

There may be misc. orders filed later today.
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Old October 25, 2013, 10:38 PM   #60
Al Norris
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The last conference for the month of Oct. was the 18th. In the orders for last Mon., Lane was not listed. We can safely assume that Lane is still alive. For now.

Next conference date is Fri. Nov. 1.
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Old November 4, 2013, 01:46 PM   #61
NatoRepublic
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Still nothing on Lane from today's orders. Must be in the court equivalent of the witness protection program.
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Old November 5, 2013, 06:18 AM   #62
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It would seem the case is being held for a GVR possibly, but in light of what other case I don't know.
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Old November 6, 2013, 04:58 PM   #63
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In Gura's reply brief, he suggested that the Court hold Lane for the NRA case on 18-20 year old purchases and dispose of the Lane petition in light of its disposition in NRA. You will recall that the NRA case sustained standing of purchasers and the 5th Circuit's decision is thus in conflict with Lane on the standing point. The Court will well have decided to hold Lane pending NRA. Risky approach. I don't have high hopes for cert in NRA.
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