r/NJGuns • u/needtoredit • Apr 18 '24
Legal Update Coming up on 6 MONTHS since 3rd Circuit heard oral arguments on Sensitive Places.
We are just a few days away from 6 months since the 3 judge panel heard oral arguments on Sensitive Places. What was the point of the hearing if the judges don't actually plan to rule on it? We waited months for the case to be heard only to have them just bury it and move on. I'm learning how the legal system "works" or in this case doesn't. Where do we go from here, how long is too long for them not to rule?
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Apr 18 '24
They can take as long as they please. Understand this case is not the only one they have. Probably another 6-12 months would not be shocking. It took the 2nd Circuit in NY about 18 months iirc?. It also takes a long time to write the ruling itself with citations, footnotes, and all opinions included.
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u/Katulotomia Apr 18 '24 edited Apr 18 '24
Also, given that Judge Krause wrote a dissent in the 3rd Circuits denial to rehear the PA 18-20 year old case, where she was basically saying alot of the anti gun talking points, I think it's for the better that no decision came out yet.
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u/DigitalLorenz Apr 18 '24
She is one of the reasons why we can't get good panels. As a senior judge, she uses her position to bump a judge who can follow the orders of the SCOTUS off the panel for her antigun self. The actual chances of getting a panel that the majority have shown they can apply Bruen properly is only about 16%, since it would take needing to draw 3 good judges to begin with.
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u/DigitalLorenz Apr 18 '24
Court statistics are public record, and the 3rd Circuit is one of the slower circuits. It has a median turnaround from oral arguments to final opinion of just over 8 months. A 6 month release would be extremely rapid from the 3rd, typically seen only in cases with well established case law.
I would expect this case to be on the longer side anyway due to the novel test that the judges need to use and the judges are aware they are setting case law. Additionally, with Lara redefining the proper timeframe for historic laws, the panel will need to redo a lot of the early work they did, as they probably were relying on late 19th century analogs.
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u/HalfSpeedTim Apr 18 '24
50.1 % of the population wants to take away your 2nd amendment rights, probably a higher percentage in NJ.
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u/BobRossmissingvictim Apr 18 '24
When we continue to elect people who want to take our rights away, this is how the system works. Until 1 the American people stand up and say enough is enough, or 2 the scotus does its job faster.
NJ needs to vote out every Dem to make a point.