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Old June 30, 2009, 12:54 AM   #9
Ricky B
Senior Member
 
Join Date: November 3, 2002
Posts: 251
Parts of the petition are well done, but it's way too long. The purpose of a petition for cert is to explain to the court why it should grant cert, not why the court should reverse the lower court. Nor is it to show how erudite the lawyer is. The petition doesn't start talking about the split in the circuits, a traditional ground for granting cert, until page 16, and the petition doesn't suggest avoiding the rationale of The Slaughterhouse Cases until page 28. The petition, in my quick reading, does not seem to suggest that overruling The Slaughterhouse Cases should now be considered.

Fortunately, the questions presented are properly framed, and the clerks, who will be well aware of Heller, don't have to read beyond that to decide whether to recommend granting cert to their respective justices.

I found it particularly interesting that Mr. Maloney left his house after it was surrounded by the police only after consulting with his counsel and his rabbi. People named Maloney typically have priests, not rabbis!
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