Charles Nichols (Nichols v Brown) just posted an article re the SCOTUS cases that have applied for cert that are Second Amendment related, including the Norman case of this thread.
http://newsblaze.com/business/legal/supreme-court-long-conference-on-september-25-2017_84716/Supreme Court Long Conference on September 25, 2017[The section dealing with Norman follows]
As an advocate of Open Carry and as someone who has been in Federal court these past six years fighting to overturn California’s Open Carry bans the cert petition of most interest to me is Dale Lee Norman v. State of Florida.
Contrary to popular belief, the Supreme Court does not believe its job is to correct the mistakes of the lower courts and clearly says so in Rule 10 of its published rules available on its official website free for everyone, including attorneys who write cert petitions, to read.
The justices of the Supreme Court view their primary role as one of resolving “splits.” A split occurs when two Federal circuits or state court of last resort decide a Federal question and come to a different conclusion.
Norman v. State is a case challenging Florida’s Open Carry ban and was a perfect candidate for Supreme Court review. The decision of the Florida Supreme Court created splits with every Federal circuit and state court of last resort. The decision also presents an important question which is a plus but rarely the reason SCOTUS grants a cert petition. Finally, the decision was a slap in the face to the Supreme Court. Sadly, that happens a lot in every area of the law.
Of the hundreds of thousands of court cases decided every year, only 8,000 or so will ever go on to file a cert petition with the Supreme Court and only one out of every hundred of those cert petitions will be granted by SCOTUS.
In short, the probability of a judge’s decision being overturned by the Supreme Court is the judicial equivalent of the probability of being hit by lightning. Slim to none, and without the unpleasant consequences. Given those odds, and lack of consequences if reversed, lower court judges feel free to thumb their noses at the High Court.
Unfortunately, Norman’s cert petition, despite of all the Rule 10 splits the decision created, did not even use the word “split.”
Norman’s cert petition was on the “dead list” of cert petitions which would have been automatically denied but was saved from certain death when an unknown justice asked that a brief in opposition be filed.
We will have to wait a bit longer to learn its fate.