Posted 28 July 2017 - 03:34 AM
En banc rehearing or appeal to SCOTUS right away?
They'll appeal en banc. Makes no sense to go straight to SCOTUS.
Given who the active judges are who will vote to grant/deny an en banc petition you are right, it makes no sense for the District to file a cert petition when there is an excellent chance of having the decision reversed en banc.
And once the decision is reversed by an en banc panel the SCOTUS Rule 10 split created by the 3 judge panel decision goes away, as does any chance of the plaintiffs cert petitions being granted in either Wrenn or DC. I say either because Alan Gura did not file a cert petition in Richards v. Prieto which lost alongside of Peruta v. San Diego. Unless there is a significant change in the composition of SCOTUS, I suspect we have seen the last concealed carry cert petition by Gura.
Concealed carry is of no use to me because I don't carry a purse or wear a dress, and I'm not into secret advantage and unmanly assassination.
"Should the Open Carry movement become successful it will result in the greatest dissolution of government power since the collapse of the Soviet Union." - Charles Nichols
"If a monkey looks into a book, a sage cannot look out." - Georg Christoph Lichtenberg
"La plus belle des ruses du diable est de vous persuader qu'il n'existe pas." - Charles Baudelaire
"God doesn't want me and the devil isn't finished with me." - Raymond Reddington
"When you lift the last veil, you might discover that your bride is an ignorant, illiterate child living in a world of fear and superstition." - Charles Nichols.*
* I posted this on my Facebook page on May 20, 2011. Unable to find its origin, I claim to be its creator.