This case has had a long and torturous journey. We are not at the end of its travels.
Yesterday, the Supreme Court denied cert in this case. There was no statement issued in relation to this case.
Just “cert is denied”
That might sound like a horrible loss, it is not.
This case has not reached a final judgment at the district court yet.
On December 13, 2022, Judge Glenn Suddaby issued his decision and order. The state (bad guys) had filed a motion to reconsider the court’s preliminary injunction granted November 17, 2022.
The state then appealed to the Second Circuit court. The Second Circuit court stayed the injunction pending the outcome of the appeal. They issued their opinion against The People, finding that it was ok for the state of New York to ban the carrying of firearms almost everywhere.
The plaintiffs (good guys) appealed to the Supreme Court. The Supreme Court granted certiorari, vacated the Second Circuit Court’s ruling in light of Rahimi.
The Second Circuit heard oral arguments again. After a suitable delay, they said that they got it right the first time, even when considering Rahimi. The plaintiffs (still the good guys), filed a petition for writ of certiorari.
Friday, the Supreme Court justices held their Friday conference. Yesterday, they issued their order and simply denied cert.
This means that the Second Circuits stay of the case stays in place. The case is remanded back to the district court to finish the “fact finding” and then to await final judgment.
In other words, this case is still in an interlocutory state.
In my humble opinion, the Supreme Court declined to hear this case because it was in an interlocutory state and if they were to GVR the case, they knew the Second Circuit will get it wrong again. The Second Circuit is a rogue inferior court.
We still have Snope and Ocean State Tactical seeking cert.
I don’t see either conferenced yet, but that should be forthcoming soon.
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