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« The Supreme Court and Corvid | Main | I love a story with a happy ending »

Young v. Hawaii: stay lifted

Posted by David Hardy · 1 May 2020 10:55 AM

In Young, which challenges Hawaii's "may issue" (which is in practice, literally, "no issue") handgun carry permit system, the panel ruled for Young, but the court voted for rehearing en banc. (Don Kilmer jest that the 9th ought to adopt a Circuit Rule: "after any panel ruling favorable to Second Amendment rights shall be followed by rehearing en banc." That way, they'd save the time wasted on taking a vote). Then the circuit stayed the rehearing pending a ruling in NYSRPA v. NY. The Supreme Court having held NYSRPA moot, the 9th Circuit lifted the stay with an order providing that argument will held during the week of September 21. The parties are to file supplemental briefs by June 4, and reply briefs by June 22.

The state of Louisiana's motion to file an amicus is granted, and any other amicus briefs require a motion, with a deadline of June 4. If the motion is granted, any such brief must be filed within seven days.

Of course the Supreme Court today votes on whether to grant cert in any of the 2A cases it has pending, and what the 9th Circuit will do then is anyone's guess. If the Court grants cert., the cases can't be briefed and argued by the end of this Term (roughly July 1) and so the cases will be considered at the next Term beginning in October.

UPDATE: David Codrea has a link to the order itself.

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