Hightower v. Boston

Scary thought: is hightower the next nordyke? *Is that really the right plaintiff and claim to control what happens in the next few years? *Could it bring a stay to all circuits until resolved?
 
Just today, Alan Gura filed a petition for hearing Hightower, en banc. The PDF is attached.

Having read this petition, the only comment I have to make is this: The petition almost reads as a certiorari to the SCOTUS.

I don't believe it would take all that much to make it so.

If I'm correct in this, the CA1 will also read it that way.

ETA: In the CA1, it takes a majority of the active judges to grant an en banc review. There are only 5 active judges (all the rest are on Senior Status). Since the Hightower panel was unanimous and 2 of the three judges on the panel are active judges, it will take the other three judges to vote for rehearing.... Don't hold your breath.
 

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Given the details of the fact pattern in this case, I rather hope she either doesn't petition for cert. or that SCOTUS has the insight not to take this case up. I would much rather see a case with "clean" facts challenging discretionary issue.
 
I hate to discourage or criticize anyone willing to fight for our rights, but given that Gura frequently criticizes others using the "wrong plaintiff" you really have to wonder what he was thinking here.
 
Reapply. Get denied. Start the whole train over with all the back door weasel-ways cut off. Sad to see one less case worthy of Cert, but there are still 3 more that are probably going to make it into the spring conference.
 
I hate to discourage or criticize anyone willing to fight for our rights . . .
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Jonbirdt, I have yet to see you hesitate in the slightest to criticize Mr Gura. I suspect Mr Gura's thought patterns with regard to this case are as lucid and deliberate as always. Perhaps you would like to reveal to us the legal and factual errors of his case.
 
Lets not make this personal, there are many comments here by those that think this was the wrong plaintiff. Gura is a great attorney who has done a lot of great work for us, as have many others. I just don't happen to share the gospel that he is the only person who can save us. I was called the wrong plaintiff by him, but the City and County both stipulated that moral character was not an issue. I applaud every plaintiff and attorney willing to take on the government whether i agree with them or not. Perhaps it was his intent to bring this case and lose it, to create a circuit split with woollard, who knows. if that is the case, then i guess he is playing a good game of chess, and the fight continues on all fronts.

SilverBullet- what are the three cases you expect will make it to the Spring conference?
 
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