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Grewal Has Been Spanked Hard!

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So, help me understand here. Does this mean the SCOTUS wouldn't even consider the case, and just punted it back to the 5th Circuit?

......"BELLEVUE, WA – The U.S. Supreme Court has denied a petition for certiorari from New Jersey Attorney General Gurbir Grewal in his effort to escape the jurisdiction of the Fifth U.S. Circuit Court of Appeals in the ongoing First Amendment case brought by Defense Distributed and the Second Amendment Foundation.

The Fifth Circuit had ruled unanimously that Grewal, because of his efforts to prevent distribution of materials related to the 3D printing of firearms, was subject to the jurisdiction of the Texas courts. Defense Distributed is headquartered in Texas."

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42 minutes ago, Sniper said:

So, help me understand here. Does this mean the SCOTUS wouldn't even consider the case, and just punted it back to the 5th Circuit?

Certainly what it sounds like.  Scotus denied to hear the case so it falls back on the 5th circuit decision. 

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44 minutes ago, Sniper said:

So, help me understand here. Does this mean the SCOTUS wouldn't even consider the case, and just punted it back to the 5th Circuit?

......"BELLEVUE, WA – The U.S. Supreme Court has denied a petition for certiorari from New Jersey Attorney General Gurbir Grewal in his effort to escape the jurisdiction of the Fifth U.S. Circuit Court of Appeals in the ongoing First Amendment case brought by Defense Distributed and the Second Amendment Foundation.

The Fifth Circuit had ruled unanimously that Grewal, because of his efforts to prevent distribution of materials related to the 3D printing of firearms, was subject to the jurisdiction of the Texas courts. Defense Distributed is headquartered in Texas."

No . . . The SCOTUS decision was about jurisdiction not the facts of the case.  Grewal didn't want to have to defend his action in the 5th Circuit (Texas).  He claimed that they didn't have jurisdiction.  SCOTUS disagreed.

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Defense Distributed sued Grewal in TX.

TX court ruled no jurisdiction over NJ AG.

Defense Distributed appealed to 5th Circuit.

5th Circuit disagreed with lower court, said yes, Grewal can be sued in TX, remanded to lower court for trial.

Grewal appealed 5th circuit decision to SCOTUS.

SCOTUS denied cert.  5th circuit decision stands.  Trial will proceed in TX, where I'm sure Grewal's attorneys will be warmly received for putting the screws to a Texas company.

Somehow I don't think we'll be getting a tweet about this on the official NJ OAG twitter account.

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2 minutes ago, Bklynracer said:

Question. does this helps us? how?

I think it does.  But don’t hold your breath.   NJ wanted the lawsuit against them by DD dismissed.  SCOTUS just said no.  So now NJ has to defend its actions against DD in a Texas court.  
The alternative is that the lawsuit is dismissed and NJ AG is Emboldened to try this shit everywhere else.  

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On 3/29/2021 at 8:30 PM, Bklynracer said:

Question. does this helps us? how?

I'd say the answer is no. It would (if the lower court finds in their favor) allow DD to to send material to NJ.

But (if they have not already) NJ would make possession in NJ illegal, and open up a whole new legal fight. Due to the fact DD's case will be settled in Texas State court not Federal court it will set no precedence in NJ on any issue what so ever  

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On 3/29/2021 at 4:49 PM, Sniper said:

So, help me understand here. Does this mean the SCOTUS wouldn't even consider the case, and just punted it back to the 5th Circuit?

......"BELLEVUE, WA – The U.S. Supreme Court has denied a petition for certiorari from New Jersey Attorney General Gurbir Grewal in his effort to escape the jurisdiction of the Fifth U.S. Circuit Court of Appeals in the ongoing First Amendment case brought by Defense Distributed and the Second Amendment Foundation.

The Fifth Circuit had ruled unanimously that Grewal, because of his efforts to prevent distribution of materials related to the 3D printing of firearms, was subject to the jurisdiction of the Texas courts. Defense Distributed is headquartered in Texas."

Grewal said he had jurisdiction to enforce NJ laws in other states because internet. He tried to do so. Then he got NJ sued in Texas because that is where DD is located. Then Grewal said nuh-uh we are in NJ, you can't sue us any place but NJ. Which was stupid, because such reasoning never has and never will be true, especially when one of the parties to the suit is located in said state. Then he put on his shocked and dismayed face when the mean old SCOTUS reminded him of this. 

This wasn't about Grewal trying to get a dismissal. The case proper over the statute and DD's actions is still pending. 

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1 hour ago, raz-0 said:

Grewal said he had jurisdiction to enforce NJ laws in other states because internet. He tried to do so. Then he got NJ sued in Texas because that is where DD is located. Then Grewal said nuh-uh we are in NJ, you can't sue us any place but NJ. Which was stupid, because such reasoning never has and never will be true, especially when one of the parties to the suit is located in said state. Then he put on his shocked and dismayed face when the mean old SCOTUS reminded him of this. 

This.  While not immediately “good” for us, had he prevailed then the floodgates would have been open to sue out of state companies without fear of counter-suits. 

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That weasel Grewal tried to get the case moved to NJ and got hammered. Great news.

 

Fifth Circuit Clamps Down on NJ District Court in 2nd Amendment Case

U.S.A. -(AmmoLand.com)-– The saga continues in defense of the First and Second Amendments in federal courts. On April 1, 2022, the Fifth Circuit Court of Appeals, in a split decision in a three-judge panel, reversed the District Court’s decision to transfer the case to New Jersey. In a court opinion, this was a vigorous slap down against judicial bias and activism.

Defense Distributed and the Second Amendment Foundation (SAF) sued the State Department for violating their First and Second Amendment rights to publish computer files on the Internet.

 

They reached a settlement. Various Attorney Generals filed unprecedented actions to prevent the settlement from being implemented. One of the most egregious was the New Jersey Attorney General (NJAG) Gurbir Grewal, who filed injunctions against Defense Distributed for their publishing efforts in Texas.

Defense Distributed filed suit against the NJAG. The District Court in Texas ruled against them. They appealed to the Fifth Circuit Court of Appeals. Defense Distributed and SAF won.

The State Department joined Defense Distributed in a lawsuit against the NJAG for interference. Grewal moved to have the case dismissed, and failing that, have the case against him severed from the more general case, and moved to New Jersey, where, he would have more influence, power, and likely, a more sympathetic judge.

In the opinion issued on April 1, 2022, the Fifth Circuit slaps down both the New Jersey District Court and the Texas District court who agreed to severe Grewal’s case and move it to New Jersey. From the opinion pages 5-6:

Following our remand to the district court, Defense Distributed amended its complaint to join the State Department as a defendant for its alleged failure to comply with a Settlement Agreement reached with Defense Distributed in 2018.Shortly after, the NJAG moved to sever Defense Distributed’s case against him and transfer that portion of the case to a New Jersey federal court.The State Department opposed severance, as did Defense Distributed. Nonetheless, the district court obliged the NJAG by written order both severing and transferring the case against him.

The Fifth Circuit states, on page 12:

We conclude that the district court clearly abused its discretion by applying the wrong legal standard for evaluating the NJAG’s conjoined severance and transfer motions and by egregiously misinterpreting Defense Distributed’s claims. 

On page 22:

The district court also misapplied the second factor of the severance analysis in determining that Plaintiffs’ claims do not involve common issues of law or fact.

On page 30, the last page of the majority opinion:

Correctly assessed, the NJAG did not carry its burden to clearly demonstrate that transfer is clearly more appropriate than the Plaintiffs’ choice of forum. The district court erred legally and factually in virtually every aspect of this issue, and its decision, which has unnecessarily lengthened this litigation even more, represents a clear abuse of discretion for which mandamus is an appropriate remedy.

The dissent, unexpectedly, disagrees, claiming the transfer of the case to a New Jersey Court, where the New Jersey AG is the defendant, is not unusual enough to warrant the extraordinary remedy of mandamus.

Author’s Opinion:

The appearance of corruption in transferring the case to New Jersey, when the appellate court had already ruled against the NJAG’s claim the case should be tried in New Jersey instead of Texas, is unmistakable. The District Courts’ actions are indeed unusual and egregious. They call out for correction.

The Fifth Circuit majority opinion is correct and much needed.

https://www.ammoland.com/2022/04/fifth-circuit-clamps-down-on-nj-district-court-in-2nd-amendment-case

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The sad part about all this is that with available 9mm (for example) today at TSUSA in the $.40/round range buying ammo online seems to be a moot proposition.

I'll have to check my local FFL and see what they're selling 9mm for. Maybe $.40 is a real bargain!

Thank god I struck while the iron was cheap.

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20 hours ago, 45Doll said:

The sad part about all this is that with available 9mm (for example) today at TSUSA in the $.40/round range buying ammo online seems to be a moot proposition.

I'll have to check my local FFL and see what they're selling 9mm for. Maybe $.40 is a real bargain!

Thank god I struck while the iron was cheap.

.40 for some manufacturers is the going rate at SGAmmo.com 

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