MD AW Ban Sent Back for Review

Discussion in 'Legal and Activism' started by mseric, Feb 5, 2016.

  1. mseric

    mseric New Member

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    http://michellawyers.com/wp-content/uploads/2013/10/Kolbe-v.-Hogan_Opinion.pdf

    The Fourth Circuit has send this back for review to apply Strict Scrutiny.

    The previous ruling of course cannot stand up to "Strict" so no matter the outcome, it will be appealed again.

    http://www.msn.com/en-us/news/us/pe...s-court-rules/ar-BBp8GB2?li=BBnb7Kz&ocid=iehp


    MD AG says he will fight this to the end. Hopefully. the end is a trip to the Supreme Court and a Victory for the Second, by I have my doubts. Especially if it is heard by the SC after Hillary appoints a new justice or three.

    http://www.oag.state.md.us/Press/2016/020416.htm

    Rest assured, the Office of the Attorney General will seek further review of the majority decision, either by the full Fourth Circuit sitting en banc, or by the U.S. Supreme Court."
     
  2. tinbucket

    tinbucket Well-Known Member

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    The Law has been struck own as being UnConstitutional.
    As far as going back for review. That sounds like the Md Attorney General.
    they can rewrite the Law and try again or appeal it which is what they say they will do.
     

  3. mseric

    mseric New Member

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    No it has not, not even close.

    The previous lower court ruling was reviewed by a Three (3) judge panel of the Fourth Circuit.

    The did not rule anything.

    They scolded the lower court and told them to try again, this time follow the SC guidelines and use "strict Scrutiny" and not "Intermediate Scrutiny".

    At present, nothing has change, it is still law, and it must still be obeyed. The lower court must try again.

    The AD in MD has vowed to bypass this Re-Try and send it back to the Fourth Circuit for a full en banc review. Or he says he will send it straight up the the SC. Either way he is fighting this to the end.

    Long story long. This has not been ruled on by the Fourth, only seat back from whence it came.
     
  4. kfox75

    kfox75 Well-Known Member Supporter

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    Have to ask. Are you planning on voting for Hillary? You keep saying she will win, by what you post, so i have to ask if we all should so you will be correct Oh Great Prognosticator. :p

    "If". It really is a simple, small word, with a big meaning. Try "If" sometime instead of "Will".

    I will be following this, as will many former NY residents, and residents of other AW Ban states.
     
    Last edited: Feb 5, 2016