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.