Vanaski Retiring!! Breaking News!! 3rd Circuit to Flip Conservative!!!

[Danno 127]

So when can I unblock my permanently blocked 10 round mags that were previously,  permanently blocked to 15?

[Zeke 5,504]

12 minutes ago, Danno said:

So when can I unblock my permanently blocked 10 round mags that were previously,  permanently blocked to 15?

Yes

[ChrisJM981 924]

1 hour ago, Danno said:

So when can I unblock my permanently blocked 10 round mags that were previously,  permanently blocked to 15?

I'd rather unblock them to 30. 

[NJSigfan 218]

OMG, this  is great news. 

[Sota 1,191]

8 hours ago, Ray Ray said:

All praise be to Allah.

not enough aloha snackbar though.

[Sniper 6,372]

2 hours ago, Danno said:

So when can I unblock my permanently blocked 10 round mags that were previously,  permanently blocked to 15?

You can't if you took a sawzall and grinder to them and cut them in half.

1 hour ago, ChrisJM981 said:

I'd rather unblock them to 30. 

I love a guy with a plan!
 

[Stacks73 25]

Thank god!

[Ray Ray 3,566]

6 hours ago, Indianajonze said:

I think only that one clown in the other thread was doing that

No, there were and are many more.

[FreeNJ 8]

14 hours ago, Indianajonze said:

and with Matey on deck as soon as the Jeff flake blockade is ended

I heard McConnell bypassed Flake and got a judge through the other day with Pence breaking the tie. Hopefully he'll do the same with Matey and get him on the bench asap.

[ChrisJM981 924]

Glad Flake is going. He's a self described globalist and definitely part of the problem in the swamp. 

[njJoniGuy 2,131]

I happen to feel very good about this additional vacancy for Trump to fill

A reversed Third is our way up the ladder to SCOTUS

And soon, I hope.

[Fred2 367]

Realistically, how big of a deal is this?

It looks like we just have slightly better odds of getting a Judge that likes us.

 

Or am I missing something?

[JohnnyB 4,322]

7 minutes ago, Fred2 said:

Realistically, how big of a deal is this?

It looks like we just have slightly better odds of getting a Judge that likes us.

 

Or am I missing something?

For a 3 judge panel you are correct. Luck of the draw....... If the entire 3rd Circuit voted, we would have a huge advantage!

[Fred2 367]

9 hours ago, JohnnyB said:

For a 3 judge panel you are correct. Luck of the draw....... If the entire 3rd Circuit voted, we would have a huge advantage!

 

How are the Judges assigned to the panel?

Is it random or are they assigned by a head judge?

[myhatinthering 462]

On 12/15/2018 at 6:39 AM, ChrisJM981 said:

Glad Flake is going. He's a self described globalist and definitely part of the problem in the swamp. 

my problem with these judges is there needs to be an easier way to remove them when they do not adhere to the Constitution.  You cannot adhere to the Constitution and be a globalist too

[Scorpio64 5,147]

54 minutes ago, Fred2 said:

How are the Judges assigned to the panel?

Not 100% sure but I think they are drawn randomly.  The 9th is famous for going en banc when 2 or 3 conservatives are drawn on a 3 judge panel and the decision does not fit the progressive agenda.

I imagine the same can now happen the other way around on the 3rd if a 2-1 liberal leaning panel is drawn.

[Danno 127]

Has ANJRPC  commented on this yet? Any plans moving forward?

[voyager9 3,434]

26 minutes ago, Danno said:

Has ANJRPC  commented on this yet? Any plans moving forward?

Nothing to move forward. At least regarding the mag ban. The appeal of the injunction was shot down by the 3rd already and the decision in the case itself is still with the District court. 

[njJoniGuy 2,131]

5 minutes ago, voyager9 said:

Nothing to move forward. At least regarding the mag ban. The appeal of the injunction was shot down by the 3rd already and the decision in the case itself is still with the District court. 

... where we will have an 8-6 majority after Jan 1

This latest decision was by a 3 Judge panel. Can our new 8-6 majority call for en banc?

[Zeke 5,504]

1 minute ago, njJoniGuy said:

... where we will have an 8-6 majority after Jan 1

This latest decision was by a 3 Judge panel. Can our new 8-6 majority call for en banc?

We appeal for

[siderman 1,137]

En Banc?  Yes please...ANJRPC to ask for just that so maybe we get the first test of the new 3rd lineup.

ANJRPC ASKS FULL THIRD CIRCUIT TO OVERRULE 3-JUDGE PANEL IN NJ MAGAZINE BAN CASE   Legal Challenge of NJ Mag Ban Continues   December 19, 2018. ANJRPC attorneys today filed a legal petition asking the full Third Circuit to review the December 5, 2018 decision of a 3-judge panel of the Third Circuit upholding NJ's ban on magazines holding between 11-15 rounds of ammunition. The petition seeks "rehearing en banc," a process by which every judge on the Third Circuit reviews the prior ruling by the 3-judge panel.   See a copy of ANJRPC's petition for rehearing en banc here.   If the full Third Circuit grants rehearing en banc, it will issue an order providing particulars of how the rehearing will proceed, which could include additional briefing and oral argument before the court. If the court declines en banc review, ANJRPC is prepared to eventually seek review from the U.S. Supreme Court.   ANJRPC thanks NRA-ILA for its incredible support and guidance in the mag ban case. The case will be pursued until all appeal options are exhausted.

[njJoniGuy 2,131]

Having just read the entire Appeal for En Banc, I am heartened and encouraged.

The 2 judges on the panel made some serious errors in their treatment of the Request For Injunction.

Now. if we can get that 8-6 majority seated before this one comes before them, we'd have a fighting chance of winning.

[FreeNJ 8]

1 hour ago, njJoniGuy said:

Having just read the entire Appeal for En Banc, I am heartened and encouraged.

The 2 judges on the panel made some serious errors in their treatment of the Request For Injunction.

Now. if we can get that 8-6 majority seated before this one comes before them, we'd have a fighting chance of winning.

Wonder why they wouldn't wait until the court flips in January. Any forum legal experts have any insight?

[Scorpio64 5,147]

3 minutes ago, FreeNJ said:

Wonder why they wouldn't wait until the court flips in January. Any forum legal experts have any insight?

It will be that long before it's reviewed.  Pre-staging.

[Zeke 5,504]

2 minutes ago, FreeNJ said:

Wonder why they wouldn't wait until the court flips in January. Any forum legal experts have any insight?

If they accept our petition for en banc , I doubt we will see action till mid spring.

[EngineerJet 191]

i would assume NJRPC would request en blanc unless they knew it would take a while and the decision would come after the court flips.

[FedUpWithNJ 18]

On 12/14/2018 at 12:06 PM, Scorpio64 said:

Not really.  He just achieved senior status this year, so he is doing a cut and run with a bigger pension.

Trump should offer all Democrat appointees early retirement.

14 minutes ago, EngineerJet said:

i would assume NJRPC would request en blanc unless they knew it would take a while and the decision would come after the court flips.

They've requested en banc as of today. En blanc may take a little longer

[n4p226r 105]

The real question is, if they hear the case and overturn it does it go back to 15 or just get tossed out entirely?   

[EngineerJet 191]

3 minutes ago, n4p226r said:

The real question is, if they hear the case and overturn it does it go back to 15 or just get tossed out entirely?   

This is an important detail. Can we see an 8-6 decision stating a 10 round ban violates the constitution and end with 15 being constitutional? Could this potentially get rid of magazine limits? I'm no lawyer so I'm genuinely curious how this could swing.

[FedUpWithNJ 18]

13 minutes ago, n4p226r said:

The real question is, if they hear the case and overturn it does it go back to 15 or just get tossed out entirely?   

Not even back to 15. They're asking for en banc review of the  3-panel decision to deny preliminary injunctive relief from the original ban. The original case is still proceeding in the district court. So if en banc review is granted, and if the original decision is overturned, then an injunction will be granted until such time as the district case is decided. You'll be able to possess 15 round mags until that case is done. If it is decided in the negative (which is almost certain - this is NJ), then another injunction will need to be applied for until the appeal is heard, otherwise you'll have to do again whatever you did on Kristallnacht v1 (December 10).