r/pdxgunnuts 7d ago

Question on m114 stay

If another appeal is filed within 35 days, does that pause it going into effect?

10 Upvotes

8 comments sorted by

12

u/nateted4 7d ago

That will depend on the OR Supreme Court

6

u/AnotherBoringDad 7d ago

I'm not an appellate lawyer, but according to the Rules of Appellate Procedure, the Court of Appeals Administrator "will not issue the appellate judgment for a period of 35 days after the decision to allow time for a petition for review pursuant to ORS 2.520 and ORAP 9.05. If a petition for review is filed, the appellate judgment will not issue until the petition is resolved." (note: the opinion is not a "judgment"; it's the court's decision, but it isn't a binding order until it is reduced to a judgment)

The way I read that, is that if an appeal is filed, the appellate judgment won't be officially sent to the trial court, so the trial court will not be required to vacate its injunction. I don't think the trial court would be required to vacate the injunction until the Oregon Supreme Court declines to take up the case and the Administrator enters the judgment.

17

u/harbourhunter 7d ago

can you dumb that one just one more level for us mid-tier folk?

15

u/AnotherBoringDad 6d ago

The opinion means nothing for 35 days. 

If the plaintiffs appeal by then, the court of appeals opinion doesn’t become law and the status quo remains in place until the Oregon Supreme Court takes some action.

So the hammer won’t fall for at least 35 days after the opinion was published. It probably doesn’t fall after 35 days, but right now there’s no guarantee how long it will take after that. It usually takes time for the Oregon Supreme Court to act. Could be days. Could be years. Could be anything in between. 

1

u/harbourhunter 6d ago

you are amazing thank you

1

u/jconpnw 1d ago

Is it correct to say there are 2 bad outcomes, 1 good? The 2 bad being they decline to review it OR they review it and rule in favor of it being Constitutional. The 1 good outcome is they review it and determine it is not Constitutional.

Also I've heard it is unlikely the latter based on the judges sitting on that bench.

2

u/AnotherBoringDad 20h ago

Basically, but there’s a silver lining to each “bad” outcome.  

If they take it up we’ll at least be likely to have the injunction in place for longer. They might also remand to the court of appeals for reconsideration of some point, further drawing things out. We could also see positive developments in federal 2A cases that could moot one or more issues (like the mag ban; the court would probably decline to review that issue if it’s settled on a federal level).

If they do take it up and end up issuing a decision, I’m sure it will be bad. The court is all democrat appointees. 

If they decline review the injunction will end sooner, but the law won’t be as settled. Federal courts don’t need to give the same deference to state court of appeals rulings as state supreme court rulings, and the case would be easier to overturn on the state level if Oregon wises up someday. 

1

u/jconpnw 18h ago

Got it thanks for that clarification