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Thread: BREAKING NEWS in Nordyke: 9th Circuit Judge Requests en banc Briefing

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    Nordyke: 9th Request en banc Briefing





    All,

    Late the afternoon of Monday May 18th, the 9th Circuit informed all parties in Nordyke that a judge of the 9th Circuit has has called for a vote to determine whether the case will be reheard en banc. Both sides have 21 days from the 18th to file briefs on whether the case should be heard en banc.

    Neither side requested en banc, but the court independently has. This case could go en banc, but it still requires a vote of the active judges after the briefs are in.

    Nordyke is the law of the circuit unless and until the 9th votes to take it en banc.

    -Gene


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    Gene Hoffman
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    A 9th Circuit judge (unknown which one)has initiated this rare request only three times in 9th Circuit Court history where neither party to the case has requested further review of the decision.

    If Nordyke is accepted for en banc review then the decision now holding the 2nd A. is incorporated is suspended until the full courts decision. This has the potential to set back or destroy current 2nd A. litigationhowever it could also result in a stronger decision.

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    Let me see if I can clear some things up.

    1. The judge who called for en banc briefing is and shall forever remain anonymous. We will not know the why, but many can speculate.

    2. This is a call for briefing. What it does do is slow down a cert petition. What it does not due is gaurantee that this thing goes en banc. When you count up the noses on the "liberal" side of the 9th circuit by reviewing the "liberals" who have made pro-gun statements in the past you see that every single democratic appointee on the 9th that hasn't made a pro-gun statement has to vote for en banc to take this en banc.

    3. If it goes en banc, there is some luck to the panel draw. However, this is a pretty evenly divided circuit as I explain at 2 above.

    -Gene
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    More proof why I support winning this issue through the people, not the courts.

    The courts no longer do what they were supposed to.

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