Snope v Brown fka Bianchi v Frosh - MD AWB

[Silhouette]

This rehearing en banc seems to be related to Maryland Shall Issue v Moore: https://www.courtlistener.com/docket/66754326/maryland-shall-issue-inc-v-wes-moore/

The two cases hinge on the same question of law and MSI v Moore had an opinion striking down the Md Handgun license law in November.

 

It seems odd to summarily grant an en banc hearing sua sponte in Bianchi because of MSI, especially when the en banc decision wouldn't obviously be binding on the panel in Bianchi.

 

Don't get me wrong.  I don't like it.  ...but it's not quite as odd in light of MSI v Moore.

[Dumak_from_arfcom]

Write all the briefs you want. Have the best case going forward.  99 out of 100 leftist judges will refuse to adopt any reasoning that conflicts with their ideology. 

 

They get to play circus clowns with the 2A and the procedure. We don't get to do any of that.  It's why I keep telling people, we can't play nice anymore. We are following all the rules and operating under the assumption that the other side is also playing by the same rules, but they are not following anything other than their ideology. 

 

I hope the plaintiffs petition the high court about this and cry foul.  Until the Supreme Court takes a stand and enforces its precedents, the lower courts will continue to s**t on them.  

 

Todd's video was right on.  

Edited January 13, 2024 at 11:25 PM by Dumak_from_arfcom

[EdDinIL]

On 1/13/2024 at 5:25 PM, Dumak_from_arfcom said:

Write all the briefs you want. Have the best case going forward.  99 out of 100 leftist judges will refuse to adopt any reasoning that conflicts with their ideology. 

 

They get to play circus clowns with the 2A and the procedure. We don't get to do any of that.  It's why I keep telling people, we can't play nice anymore. We are following all the rules and operating under the assumption that the other side is also playing by the same rules, but they are not following anything other than their ideology. 

 

I hope the plaintiffs petition the high court about this and cry foul.  Until the Supreme Court takes a stand and enforces its precedents, the lower courts will continue to s**t on them.  

 

Todd's video was right on.  

How can SCOTUS enforce its precedents.  It seems to me that some lower court judges are operating under the opinion that SCOTUS is powerless to stop them.  The House could impeach all the judges it wants, but good luck getting a 2/3 majority to convict in the Senate.  (Unless I'm missing something key like the possibilty that an impeached judge cannot remain on the bench.)

Edited January 15, 2024 at 03:21 AM by EdDinIL

[mab22]

On 1/13/2024 at 10:32 AM, Upholder said:

 

Right, and I agree tactics need to be changed. But complaining to congress about the federal judges, especially a republican congress, will get you no where.

We can't remove or "investigate judges" based on their decisions or rulings. Could you imagine what the LEFT would do to the supreme court because they didn't like NYSRPA V BRUEN? How about Heller, etc.

 

Read more here about the removal of judges.

https://www.brennancenter.org/our-work/analysis-opinion/impeachment-and-removal-judges-explainer

 

Maybe OTHER constitutional challenges need to occur?

 

How about challenges to restricting or interfering with COMMERCE, under the commerce clause, isn't restricting of commerce limited to federal law?  Do states really have that authority to what CAN and CANNOT be sold amongst the states? Ammunition is manufactured and imported into the state from businesses from OTHER states, same with other firearms and components, accessories, cleaning materials, etc. It's not all manufactured in Illinois.

 

 Maybe Todds suggestion in the 5th Circuit is an optional idea? THAT'S PLAYING THE GAME! 😉

 

I like the way DeVore is challenging things. Equal protection, not following the illinois constitution, etc.

 

Magg is doing the 5th amendment challenge.

 

I have said it before and I will say it again. We need to pay attention to ALL the AMENDMENTS, and stop shouting only about 2A! 2A! 2A!

 

Where is the legal challenge against the state for NOT CLOSING PICA REGISTRATION BASES ON THE DATES IN THE LAW? Do we have standing, who would have standing?

Sounds crazy but you would actually give the FAT MARXIST a black eye for NOT CLOSING REGISTRATION, and leaving it open! The law is black and white on registration.

[mab22]

On 1/14/2024 at 9:21 PM, EdDinIL said:

How can SCOTUS enforce its precedents.  It seems to me that some lower court judges are operating under the opinion that SCOTUS is powerless to stop them.  The House could impeach all the judges it wants, but good luck getting a 2/3 majority to convict in the Senate.  (Unless I'm missing something key like the possibilty that an impeached judge cannot remain on the bench.)

 

There is impeachment, and impeachment with removal.

When is the last time, in the last 100 years of our country, that we actually REMOVED someone...

OH ####! I forgot the republicans REMOVED ONE OF THEIR OWN recently for "lying" about his experience or past? GEE when was the last time a politician lied about their past experience...

 

We could have super majorities in both the house and senate and the republicans wouldn't remove a judge, let alone someone like Mayorkas.

 

[Dumak_from_arfcom]

 

On 1/14/2024 at 9:38 PM, mab22 said:

Right, and I agree tactics need to be changed. But complaining to congress about the federal judges, especially a republican congress, will get you no where.

We can't remove or "investigate judges" based on their decisions or rulings. Could you imagine what the LEFT would do to the supreme court because they didn't like NYSRPA V BRUEN? How about Heller, etc.

 

Read more here about the removal of judges.

https://www.brennancenter.org/our-work/analysis-opinion/impeachment-and-removal-judges-explainer

 

Maybe OTHER constitutional challenges need to occur?

 

How about challenges to restricting or interfering with COMMERCE, under the commerce clause, isn't restricting of commerce limited to federal law?  Do states really have that authority to what CAN and CANNOT be sold amongst the states? Ammunition is manufactured and imported into the state from businesses from OTHER states, same with other firearms and components, accessories, cleaning materials, etc. It's not all manufactured in Illinois.

 

 Maybe Todds suggestion in the 5th Circuit is an optional idea? THAT'S PLAYING THE GAME! 😉

 

I like the way DeVore is challenging things. Equal protection, not following the illinois constitution, etc.

 

Magg is doing the 5th amendment challenge.

 

I have said it before and I will say it again. We need to pay attention to ALL the AMENDMENTS, and stop shouting only about 2A! 2A! 2A!

 

Where is the legal challenge against the state for NOT CLOSING PICA REGISTRATION BASES ON THE DATES IN THE LAW? Do we have standing, who would have standing?

Sounds crazy but you would actually give the FAT MARXIST a black eye for NOT CLOSING REGISTRATION, and leaving it open! The law is black and white on registration.

 

Those are some good lawfare ideas.  Our side keeps following the same traditional track in these lawsuits.  We need to put the pressure on the antis.  

 

I think our side needs to come up with a legal strategy to go after the politicians and those that will enforce unconstitutional laws.  The response is always the same - that it is not possible because the state has sovereign immunity and can't be touched.

 

Ask Bushmaster how immunity went for them.  Immunity didn't stop the antis from going after Bushmaster. They found a way around it.  IIRC, it was ruled that Bushmaster's marketing was unfair trade practices which was tantamount to fraud. Immunity never survives fraud. 

 

So how do we argue that the state committed some form of action that could be considered fraud in order to pass PICA?   

 

 

 

 

[yurimodin]

Its time for discovery in a 1983 RICO case on these judges and legislators......there is no way they are not planning via backchannels. 

[THE KING]

SAF and FPC are seeking cert with SCOTUS in this case. Not getting my hopes up but keeping my fingers crossed. 👍

 

[Euler]

The (new) Supreme Court docket is 23-863

[Upholder]

Maryland has also requested an extension to respond to the writ of certiorari because they are also very very busy:

 

https://www.supremecourt.gov/DocketPDF/23/23-863/302433/20240306154625010_2024-03-06 Bianchi Letter to Court re Extension.pdf

[yurimodin]

On 3/6/2024 at 3:27 PM, Upholder said:

Maryland has also requested an extension to respond to the writ of certiorari because they are also very very busy:

 

https://www.supremecourt.gov/DocketPDF/23/23-863/302433/20240306154625010_2024-03-06 Bianchi Letter to Court re Extension.pdf

isn't this case already over 10 years old......

[mab22]

On 3/8/2024 at 11:27 AM, yurimodin said:

isn't this case already over 10 years old......

First post in back on Jan 2022.
It's only been stewing for at least 2 years now, it's getting closer.

Keep in mind the bureaucrats and the attorneys that support them are 9-5'ers, and if it doesn't get done today it will just be there tomorrow, and they have all learned that Judges are in the same camp so, why not put it off today, it will be there tomorrow, so tomorrow you can put it off another day until tomorrow.

It's not them that's inconvenienced, so whats the rush... 

 

 

[Upholder]

On 3/8/2024 at 12:44 PM, mab22 said:

First post in back on Jan 2022.
It's only been stewing for at least 2 years now, it's getting closer.

 

That first post in this thread was the first time a writ of certiatori was filed with SCOTUS -- it was in the pipeline for quite some time before that.

 

It's been about 21 months since SCOTUS GVR'd this case back to the 4th circuit following NYSRPA v Bruen, telling them to look at it again because it was incorrect.  The District court ruled again, the 3 judge panel heard the case in Dec 2022 and sat on it for more than a year before the 4th Circuit took it up En Banc before the 3 judge panel had even released a ruling.

 

There are definitely games being played here.

[Upholder]

 

[mab22]

Don't we already know all of this, we keep hearing the SAME THING OVER AND OVER AND OVER.

Heller, NYSRPA, Mcdonald, Caetano, modern arms are protected, handguns are protected, etc, etc, etc. 

There doesn't seem to be anything new!

Yet here is everyone in Marxist state shouting " shall not be infringed!"

 

Rant over for now.....

 

[yurimodin]

On 4/29/2024 at 5:00 PM, mab22 said:

Don't we already know all of this, we keep hearing the SAME THING OVER AND OVER AND OVER.

Heller, NYSRPA, Mcdonald, Caetano, modern arms are protected, handguns are protected, etc, etc, etc. 

There doesn't seem to be anything new!

Yet here is everyone in Marxist state shouting " shall not be infringed!"

 

Rant over for now.....

 

We are going to have to get to the point that we just start ignoring this crap and doing whatever we want. Constitution period and pound sand commies. 

[MrTriple]

So apparently I wasn't aware that en banc oral arguments were already heard back in March. A recording can be found at this link:

 

https://www.ca4.uscourts.gov/OAarchive/mp3/21-1255-20240320.mp3

 

Might be useful to listen to in the wake of the denial of cert on the appeal.

[yurimodin]

SCOTUS, enabling district court shenanigans since 2008

[starwatcher]

On 5/20/2024 at 10:14 AM, MrTriple said:

So apparently I wasn't aware that en banc oral arguments were already heard back in March. A recording can be found at this link:

 

https://www.ca4.uscourts.gov/OAarchive/mp3/21-1255-20240320.mp3

 

Might be useful to listen to in the wake of the denial of cert on the appeal.

 

This is a hilarious listen.

 

M16 leaves nothing of its [paper] target.

M16 shreds the human body.

 

M16=AR15

Edited May 20, 2024 at 07:37 PM by starwatcher

[Kingcreek]

I’m sick and tired of the process and the wasted time.

[MrTriple]

On 5/20/2024 at 4:35 PM, Kingcreek said:

I’m sick and tired of the process and the wasted time.

That's a completely understandable sentiment, but remember that the civil rights movement experienced the exact same problems post-Brown v. Board of Education.

 

That doesn't make it acceptable, but the unfortunate reality is that the federal courts move very slowly. Perhaps that's an argument for why we need to increase the size of the individual district and appellate courts in order to deal with the high volume of cases moving through the federal court system, but unless and until Congress passes a bill to address the issue, we're stuck behind an enormous backlog of other, unrelated cases.

[MrTriple]

https://x.com/gunguytv/status/1792700709181542858

 

This is a video from Chuck Michel that was a good listen. Does a good, high-level overview of some of the cases pending cert at the court.

[yurimodin]

On 5/21/2024 at 4:14 PM, MrTriple said:

That's a completely understandable sentiment, but remember that the civil rights movement experienced the exact same problems post-Brown v. Board of Education.

 

That doesn't make it acceptable, but the unfortunate reality is that the federal courts move very slowly. Perhaps that's an argument for why we need to increase the size of the individual district and appellate courts in order to deal with the high volume of cases moving through the federal court system, but unless and until Congress passes a bill to address the issue, we're stuck behind an enormous backlog of other, unrelated cases.

What we need is ACTUAL consequences for infringements and violation of the constitution. THE FEAR OF GOD on the these sumbeeches so they never attempt it again.

[ragsbo]

On 5/24/2024 at 3:39 PM, yurimodin said:

What we need is ACTUAL consequences for infringements and violation of the constitution. THE FEAR OF GOD on the these sumbeeches so they never attempt it again.

EXACTLY!!!!!!!!

[Upholder]

 

[Upholder]

 

[Upholder]

 

 

[yurimodin]

Well at least SCOTUS can finally take this one if they want.

 

It is good to know that we basically have to run every parking ticket up to SCOTUS because every power tripping DA and judge can't comprehend the constitution.

[Dumak_from_arfcom]

On 8/6/2024 at 5:15 PM, yurimodin said:

Well at least SCOTUS can finally take this one if they want.

 

It is good to know that we basically have to run every parking ticket up to SCOTUS because every power tripping DA and judge can't comprehend the constitution.

 

They are going to wait until the other cases catch up.  

[stockboyy]

Illinois could be best.
 may be the most inclusive.
 Weapons Ban
 Mag Ban
 Parts Ban
 Repair Ban
 Ammo Ban