Peruta cert petition to SCOTUS ongoing updates: DENIED June 26, 2017 (Read 35367 times)

RSN172

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #60 on: June 05, 2017, 12:49:12 PM »
They are going to distribute it out of existance.  I really think the SCOTUS is afraid to take on tbe gun issue.
Happily living in Puna

London808

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #61 on: June 05, 2017, 02:14:46 PM »
They are going to distribute it out of existance.  I really think the SCOTUS is afraid to take on tbe gun issue.

I belive this to be True, With the word bear meaning to carry or posses in the 2A and the results of heller they have no choice but to find it a Constitutional right.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

PeaShooter

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #62 on: June 05, 2017, 03:38:37 PM »
The gay cakes case London808 brought up in another thread also seems to have been relisted a lot. http://www.washingtontimes.com/news/2017/may/22/supreme-court-sets-aside-case-masterpiece-cakeshop/

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #63 on: June 05, 2017, 04:21:13 PM »
The gay cakes case London808 brought up in another thread also seems to have been relisted a lot. http://www.washingtontimes.com/news/2017/may/22/supreme-court-sets-aside-case-masterpiece-cakeshop/
There are currently 10 (ten) cases that have been relisted multiple times, including the Masterpiece Cakeshop case mentioned above (relisted every conference since February 24).

There is a column written weekly about relists on SCOTUSblog. It hasn't been updated yet for today's relists, but last week's column is here:

http://www.scotusblog.com/2017/06/relist-watch-106/

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #64 on: June 06, 2017, 06:10:13 AM »
For those interested, here is a column written by Charles Nichols on the latest re-list of Peruta, Peruta's NRA lawyer Chuck Michel stating that he believes Peruta will be denied cert, Nichols' speculation on why it is being relisted compared to Michel's speculation on why it's being relisted... also touches on Norman and Young.

http://newsblaze.com/business/legal/nra-lawyer-says-odds-are-supreme-court-will-not-take-concealed-carry-case_80887/

NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

Excerpts:

For over 200 years, American state courts have held that there is no right to carry a concealed weapon in public. Since 1897, the US Supreme Court has said that there is no right to carry a weapon concealed three times and, in a fourth (unanimous) decision, implicitly reaffirmed that concealed carry is nor a right under the Second Amendment.

The US Supreme Court said that Open Carry is the right guaranteed by the Constitution. The Florida Supreme Court, in a narrow, 4-2-0 decision [Norman], said it does not care what the US Supreme Court said. It held that Florida can ban Open Carry in favor of concealed carry.

zippz

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #65 on: June 07, 2017, 10:43:19 AM »
The delays work to our advantage, hopefully Ginsburg and Kennedy retire this year which will give it a much better chance.  Better to wait a while for a good chance versus rushing it through for a bad decision that will last forever.

RSN172

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #66 on: June 07, 2017, 12:15:02 PM »
Ginsberg will stay on until she dies.  She doesn't know any better, her mind is gone or nearly so.
Happily living in Puna

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #67 on: June 12, 2017, 05:59:57 AM »
Relisted for the conference this Thursday. There are only two more conferences this session, then the court recesses until October.

Mar 8 2017   DISTRIBUTED for Conference of March 24, 2017.
Mar 23 2017   Rescheduled.
Mar 27 2017   DISTRIBUTED for Conference of March 31, 2017.
Mar 30 2017   Rescheduled.
Apr 10 2017   DISTRIBUTED for Conference of April 13, 2017.
Apr 12 2017   Rescheduled.
Apr 17 2017   DISTRIBUTED for Conference of April 21, 2017.
Apr 20 2017   Rescheduled.
Apr 24 2017   DISTRIBUTED for Conference of April 28, 2017.
May 8 2017   DISTRIBUTED for Conference of May 11, 2017.
May 15 2017   DISTRIBUTED for Conference of May 18, 2017.
May 22 2017   DISTRIBUTED for Conference of May 25, 2017.
May 30 2017   DISTRIBUTED for Conference of June 1, 2017.
Jun 5 2017   DISTRIBUTED for Conference of June 8, 2017.
Jun 12 2017   DISTRIBUTED for Conference of June 15, 2017.

RSN172

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #68 on: June 12, 2017, 07:17:39 AM »
Here, I'll finish the list for you.
June 19 DISTRIBUTED for conference of June 22
June 23 Rescheduled for a later date.
Happily living in Puna

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #69 on: June 12, 2017, 07:36:34 AM »
Here, I'll finish the list for you.
June 19 DISTRIBUTED for conference of June 22
June 23 Rescheduled for a later date.
Certainly nothing is impossible with this case, but... the majority of (informed?) opinion, such as by the lawyers writing at SCOTUSblog seem to believe that the case will be resolved (one way or another) at the end of this term and NOT held over for the fall term. One speculation among the hundreds is that since Norman (Florida open carry) will not be requesting cert until this term ends, that they will hold over Peruta and combine it with Norman in the fall to look at both open and concealed carry together. Like I said, total speculation.

One person, who I believe is rather knowledgeable regarding SCOTUS litigation, wrote me (following his lengthy discussion of the history of "reschedules" and "relists"): "I think it was last term that a petition had been relisted 16 times before it was finally denied and it was denied without a dissent or concurrence to denial [which is the reason given by many people as an "explanation" for the delay... one or more justices are needing the time to write dissents and/or concurrences] which means we can't reliably guess what will happen to the petition. All we know is that the Peruta cert petition has been relisted more times than the thousands of cases which came before it."

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #70 on: June 19, 2017, 05:40:20 AM »
Re-listed for conference of June 22. That is the last conference of this session, then recess until October. Stay tuned!

Just as a reminder, Peruta filed his lawsuit on October 23, 2009. Good thing 8 years (okay, 7 years, 8 months, so far) isn't considered a "delay", otherwise some might consider that "justice denied". I guess the rebuttal to that is "We (the "justice system") told him "NO!" at every level. It's his fault he kept asking the courts to change their mind and rule that "bear arms" means "bear arms"".

Mar 8 2017   DISTRIBUTED for Conference of March 24, 2017.
Mar 23 2017   Rescheduled.
Mar 27 2017   DISTRIBUTED for Conference of March 31, 2017.
Mar 30 2017   Rescheduled.
Apr 10 2017   DISTRIBUTED for Conference of April 13, 2017.
Apr 12 2017   Rescheduled.
Apr 17 2017   DISTRIBUTED for Conference of April 21, 2017.
Apr 20 2017   Rescheduled.
Apr 24 2017   DISTRIBUTED for Conference of April 28, 2017.
May 8 2017   DISTRIBUTED for Conference of May 11, 2017.
May 15 2017   DISTRIBUTED for Conference of May 18, 2017.
May 22 2017   DISTRIBUTED for Conference of May 25, 2017.
May 30 2017   DISTRIBUTED for Conference of June 1, 2017.
Jun 5 2017   DISTRIBUTED for Conference of June 8, 2017.
Jun 12 2017   DISTRIBUTED for Conference of June 15, 2017.
Jun 19 2017   DISTRIBUTED for Conference of June 22, 2017.

rklapp

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #71 on: June 19, 2017, 06:13:14 AM »
Ginsberg will stay on until she dies.  She doesn't know any better, her mind is gone or nearly so.
I hear they move her body from the closet to the bench and back again at the end of the day.
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

RSN172

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #72 on: June 21, 2017, 07:03:34 PM »
Re-listed for conference of June 22. That is the last conference of this session, then recess until October. Stay tuned!

Just as a reminder, Peruta filed his lawsuit on October 23, 2009. Good thing 8 years (okay, 7 years, 8 months, so far) isn't considered a "delay", otherwise some might consider that "justice denied". I guess the rebuttal to that is "We (the "justice system") told him "NO!" at every level. It's his fault he kept asking the courts to change their mind and rule that "bear arms" means "bear arms"".

Mar 8 2017   DISTRIBUTED for Conference of March 24, 2017.
Mar 23 2017   Rescheduled.
Mar 27 2017   DISTRIBUTED for Conference of March 31, 2017.
Mar 30 2017   Rescheduled.
Apr 10 2017   DISTRIBUTED for Conference of April 13, 2017.
Apr 12 2017   Rescheduled.
Apr 17 2017   DISTRIBUTED for Conference of April 21, 2017.
Apr 20 2017   Rescheduled.
Apr 24 2017   DISTRIBUTED for Conference of April 28, 2017.
May 8 2017   DISTRIBUTED for Conference of May 11, 2017.
May 15 2017   DISTRIBUTED for Conference of May 18, 2017.
May 22 2017   DISTRIBUTED for Conference of May 25, 2017.
May 30 2017   DISTRIBUTED for Conference of June 1, 2017.
Jun 5 2017   DISTRIBUTED for Conference of June 8, 2017.
Jun 12 2017   DISTRIBUTED for Conference of June 15, 2017.
Jun 19 2017   DISTRIBUTED for Conference of June 22, 2017.[/size

Is tomorrow or Friday the day we find out it got rescheduled to a date TBA?  LOL.
Happily living in Puna

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #73 on: June 22, 2017, 06:13:05 AM »
Is tomorrow or Friday the day we find out it got rescheduled to a date TBA?  LOL.
No. They announce the "orders" on Monday. (The Court calendar does, unusually, list this Friday for "Opinions" (they have 17 opinions yet to be announced, so likely that was too many for the final day of the session on Monday), but granting or denying Peruta cert wouldn't really be an "opinion" as far as I understand (which isn't really all that far). I believe even if they remanded the case or issued a per curiam, that would more likely be an "order"...). So we have to remain in suspense for the entire weekend, again. If it gets held over until the fall session we'll have to deal with a whole summer of endless speculation about what it means. Don't lose sight of the fact that Heller clearly states that open carry is the right protected by the Constitution and that states can ban concealed carry... so having all these "gun rights" organizations fund legal teams to argue the opposite may not have been the best legal strategy... but it's only 8 years down the rabbit hole... so no biggie.

As an aside, on another forum a long-time somewhat "high profile" member claimed (when Peruta was first actually going to Thursday conferences after having been rescheduled numerous times) that the results would be announced on Thursday afternoon or Friday morning (rather than following Monday, which on the SCOTUS calendar was denoted for "Orders/Opinions"). When I asked him the basis for that claim he haughtily announced that he had been following cases closely since before I was even a member of the forum and it was his "experience" that led to the assertion. Of course he was 100% wrong, and all of the "orders" have been announced on Mondays so far. Oh, and all of my questioning of his (ultimately wrong) pronouncements were deleted by the mods. Go figure.

drck1000

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #74 on: June 22, 2017, 07:45:19 AM »
Relisted for the conference this Thursday. There are only two more conferences this session, then the court recesses until October.

I wonder how many days they actually work.  Just like the House and Senate. 

Should have rules.  Don't get your work done (cases heard, resolved, etc), don't get paid.  Just like the rest of us. 

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #75 on: June 24, 2017, 06:20:31 AM »
2,816 days down...

TWO DAYS to go!

 :crazy:

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #76 on: June 26, 2017, 03:33:43 AM »
The court has denied review in Peruta, over a dissent from Thomas and Gorsuch.

That's a real time notice posted by SCOTUS blog writers in the room one minute after release of orders... once I get the dissents and read them I'll post more...

punaperson

Re: Peruta cert petition to SCOTUS ongoing updates
« Reply #77 on: June 26, 2017, 04:27:50 AM »
Dissent (singular) by Thomas, joined by Gorsuch (looks like he came through as hoped for by firearms civil rights advocates... thank you president Trump!). The "bad news" re the dissent is that only two justices signed on... meaning Alito, Roberts, and Kennedy (the supposedly potential "conservative" votes) weren't interested enough to dissent from the denial and don't support Thomas's dissenting view.

https://www.supremecourt.gov/orders/courtorders/062617zor_8759.pdf

A few quotes:

[How the case is identical in basic question to Hawaii]

"Petitioners are residents of San Diego County (plus an association with numerous county residents as members) who are unable to obtain a license for concealed carry due to the county’s policy and, because the State generally bans open carry, are thus unable to bear firearms in public in any manner." p. 2

[Addressing the Ninth en banc decision as "indefensible" and suggesting that there may have "discussion" that SCOTUS needs to wait for another "more appropriate" case...]

"We should have granted certiorari in this case. The approach taken by the en banc court is indefensible, and the petition raises important questions that this Court should address. I see no reason to await another case." p. 3

[Another similarity to the Hawaii circumstance]

"As the Ninth Circuit panel pointed out, “[petitioners] argue that the San Diego County policy in  light  of  the  California  licensing  scheme  as  a  whole violates the Second Amendment because it precludes a responsible, law-abiding citizen from carrying a weapon in public for the purpose of lawful self-defense in any man­ner.”" p. 4

[On the meaning of "bear arms" in the Constitution... to those who argue like Hawaii that there is no right to bear outside the home in a public place.]

"I find it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen." p. 5

[On the disparity of SCOTUS ranking other rights as far more "important" that other rights (the Second).]

"The Constitution does not rank certain rights above others, and I do not think this Court should impose such a hierarchy by selectively enforcing its pre­ ferred rights.  Id., at      (slip op., at 1) (“Second Amend­ ment rights are no less protected by our Constitution than other rights enumerated in that document”).   The Court has not heard argument in a Second Amendment case in over seven years—since March 2, 2010, in McDonald v. Chicago, 561 U. S. 742.  Since that time, we have heard argument in, for example, roughly 35 cases where the question presented turned on the meaning of the First Amendment and 25 cases that turned on the meaning of the Fourth Amendment.  This discrepancy is inexcusable, especially given how much less developed our jurispru­ dence is with respect to the Second Amendment as com­ pared to the First and Fourth Amendments." p. 7

[Conclusion]

"For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem anti­ quated and superfluous.   But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense.  I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it." p. 8


punaperson

Re: Peruta cert petition to SCOTUS ongoing updates: DENIED June 26, 2017
« Reply #78 on: June 26, 2017, 06:39:47 AM »
Peruta: RIP

October 29, 2009 - June 26, 2017

2,818 Days Down the Tubes. Bupkis.


From the official SCOTUS docket info re Peruta:

Mar 8 2017   DISTRIBUTED for Conference of March 24, 2017.
Mar 23 2017   Rescheduled.
Mar 27 2017   DISTRIBUTED for Conference of March 31, 2017.
Mar 30 2017   Rescheduled.
Apr 10 2017   DISTRIBUTED for Conference of April 13, 2017.
Apr 12 2017   Rescheduled.
Apr 17 2017   DISTRIBUTED for Conference of April 21, 2017.
Apr 20 2017   Rescheduled.
Apr 24 2017   DISTRIBUTED for Conference of April 28, 2017.
May 8 2017   DISTRIBUTED for Conference of May 11, 2017.
May 15 2017   DISTRIBUTED for Conference of May 18, 2017.
May 22 2017   DISTRIBUTED for Conference of May 25, 2017.
May 30 2017   DISTRIBUTED for Conference of June 1, 2017.
Jun 5 2017   DISTRIBUTED for Conference of June 8, 2017.
Jun 12 2017   DISTRIBUTED for Conference of June 15, 2017.
Jun 19 2017   DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017   Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)

London808

Re: Peruta cert petition to SCOTUS ongoing updates: DENIED June 26, 2017
« Reply #79 on: June 26, 2017, 06:41:50 AM »
As I have said ,any many times, they will refuse to hear it simply because they know they must find that the right to bear arms is a right and as such extends to all places one can legally be.

This is a politically motivated choose they have made.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016