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Parker is off and rolling!
On Monday, DC filed for an extension of time to file for cert., and Plaintiffs shot in an opposition this afternoon. Here both are, online.
DC's motion is quite weak. Basically (1) they took two months to decide whether to file, which now leaves them about a month to go, and it's complex, so give us another month and (2) we've taken on some outside attorneys and they need to get up to speed.
Plaintiffs' response hits hard. A petition for cert. hardly takes the research of a brief on the merits (here it almost writes itself: conflict between 5th and DC Circuits and the other CIrcuits, on a major constitutional issue. Respectfully submitted, (insert your name)).
One bit of news -- among the new attorneys on the DC side is a Walter Dellinger, Ass't Atty General, and for one term Solicitor General, under the Clinton Administration. Fuller bio here.
Comments
Well, when you are going to the SCOTUS on a Con Law question, and you can't/won't get Ken Starr, you might as well hire a former SG.
Posted by: Letalis at July 18, 2007 07:59 PM
Oops! I forgot.
Ken Starr *was* an SG.
Posted by: Letalis at July 18, 2007 08:31 PM
I guess The DC city government's legendary incompetence was good for something after all.
Posted by: Sebastian at July 18, 2007 09:18 PM
Wow...I think that is the legal analog to the b*tch slap!
Seriously though I just finished re-reading Silbermann's ruling and I gotta say, you'd have to be brain dead to deny it.
Posted by: dwlawson at July 18, 2007 10:18 PM
That was an awesome response. I laughed many times.
Posted by: Jim W at July 19, 2007 02:20 AM
"I guess The DC city government's legendary incompetence was good for something after all."
God, I nearly fell off my chair laughing when I read that comment!
The one thing that is evident from reading that petition and the response is just how completely outclassed the DC attorneys are in this case.
Also, the response answered a question I had. It was not altogether clear, at least to me, if plaintiffs would support a request for cert or not. They had won for their clients so I was thinking they might be obligated to stop there. I's glad they are supporting it though. I think our side will win.
Posted by: Jim at July 19, 2007 01:06 PM
The DC attorneys won't be outclassed for long. They'll get all kinds of help from their left-wing gun-banning friends.
Why did you believe the plaintiffs might not support cert? I thought the entire reason raison d'etre of this case was Supreme Court review.
Posted by: mariner at July 19, 2007 02:50 PM
I read the petitions to extend time. I am not a lawyer but I don't think it is going to be granted. I then I think the District feels that they can drop the appeal without incurring the ire of Judge Silberman.
Posted by: vinnie at July 19, 2007 03:57 PM
Good point Vinnie.
That may have been the face-saving ruse (for DC) all along.
I'm not a lawyer. Can SCOTUS deny the extension but still grant cert, given the papers that have been filed thus far?
Posted by: Chris at July 19, 2007 06:54 PM