Early we wrote about Ivan Antonyuk et all appealing to the Supreme Court to have the second circuit courts stay in the case vacated. The stay pending appeal to the second circuit court means that the state of NY can infringe via the CCIA until the second circuit court hears the case and decides.
If the second circuit court decides for the state, then the case then has to be appealed to the Supreme Court where it needs to be granted certiorari. The second circuit court could put off hearing the appeal for years.
Unfortunately the second circuit court is overseen by associate Justice Sonia Sotomayor. She is very anti-gun and is very much a political appointment. Listening to her arguments and questions is painful. There was a chance that she wouldn’t hear this request because there are procedural reasons why should could ignore it.
Then something amazing happened. Yesterday Justice Sotomayor told the state of New York they must have their response filed by 1600 January 3, 2023. This is FAST.
This means that the state of New York is working overtime right now to prepare that response. 13 days from the original filing till the response is due.
This doesn’t mean that the decision will happen rapidly. It does mean that the Supreme Court has taken notice. We could hear a response as early as the 4th or 5th of January.
The state could request an extension, it is unlikely to be granted. It is also likely that the state will wait until the last minute to file in order to delay the proceedings as long as possible.
Still, it is good news.
I thought that although Sotomayor is the “designated name,” the appeal is actually considered by the entire court? If my understanding is not correct, I am VERY surprised by her response. Then again, the “Respect mah authoritah!” stream runs strong, so, perhaps not.
I don’t know for sure. My opinion is that there are other justices (Thomas) that are watching all of these cases and that when this was brought forward Sotomayor didn’t have an option. The people I’m learning for have stated that it is up to Sotomayor at this point. I recently learned that it is highly unusual for an appeals court to hear anything prior to the district court completing their finding of facts/merits. It is even more unusual for the Supreme Court to hear any sort of appeal prior to the case being decided by the appellate court, much less prior to the district court rendering their decision.
Regardless of the whys and wherefores, this is an interesting result and a strong message. I’d like to hope that other states will take the hint, as it were; but I suspect in many cases they won’t.
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Anyway, it certainly is encouraging for the good guys.