Idaho: Morris v. US Army Corps of Engineers

SOCK!

POW!

WHAM!

In a mere 11 pages the court pretty thoroughly thrashed the Corps' arguments. Nicely done. I especially appreciate the court's non-acceptance of the Corps' "But we're spayshul" argument.

The next step will be interesting.
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I concur, the Card Act allowed guns in national and state parks, now it's time to allow dams and beaches too.


Cnon
 
The way that decision was written made it practically impossible to appeal.
Being that this is the Court that told the ATF to take a hike during the after math of Ruby Ridge where the Feds had to back down from private citizens rallied by their town Sheriffs to guard captured ATF until Weaver and Harris were freed should explain why he ruled all that law the Federal government cites isn't relevant because all my order does is to let them not enforce unconstitutional laws.

It appears the Feds are simply accepting their polices must change and are trying to retain some areas and restrictions on firearms. If that had been filed in Cali federal court it would have been a treatise on nonexistent dangers to the environment.

Post Jackson v San Francisco the federal ban on handgun ap and other long standing bans on ammo possession are possible. With the Ninth Circuit the only circuit to find all ammunition restrictions must survive muster I hope people see the benefits of venue shopping.
 
As I understand it, you're right. I may be wrong, but the gist I got when they discussed this earlier, federal court + Federal Agency = Nationwide. Federal Law + State agency = only under the jurisdiction of that court. So Peruta being a State agency, is only as far as the 9th touches. ACE being federal is nation wide. At least that's how I understand it.
 
Pursuant to the courts order granting a joint motion for briefing, the ACE has filed its MSJ, on Monday the 19th of May. The Plaintiffs will respond by the 12th of June.

In its MSJ, the ACE characterizes it's regulation as a lawful act as proprietor of the controlled lands. They then spend much of the brief establishing ACE lands as a "sensitive place," ala Heller. Here, they are trying to get the judge to reconsider his decision that the lands are not sensitive.

Finally, in a calculated move, the ACE tries to convince the court that should they fail in all other aspects, the only permanent relief that should be granted, should apply only to the two plaintiffs, and not the general population.
 
Pursuant to the courts order granting a joint motion for briefing, the ACE has filed its MSJ, on Monday the 19th of May. The Plaintiffs will respond by the 12th of June.

In its MSJ, the ACE characterizes it's regulation as a lawful act as proprietor of the controlled lands. They then spend much of the brief establishing ACE lands as a "sensitive place," ala Heller. Here, they are trying to get the judge to reconsider his decision that the lands are not sensitive.

Finally, in a calculated move, the ACE tries to convince the court that should they fail in all other aspects, the only permanent relief that should be granted, should apply only to the two plaintiffs, and not the general population.
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Thanks for the update; just curious, do you have a link for the above information? ;)


Cnon
 
It's case #85 in the Big List. Linked to that case, is the internet archive of the case docket. The important briefings are all available for your own browsing pleasure. I or another person has already paid to have these documents publicly available, for free.
 
It's case #85 in the Big List. Linked to that case, is the internet archive of the case docket. The important briefings are all available for your own browsing pleasure. I or another person has already paid to have these documents publicly available, for free.
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Thanks, Al; there's so many cases on that link, blink and you'd miss the one in which you're interested.



Cnon
 
s3779m said:
Thanks for the updates. Is this anywhere close to being finished?
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As fast as this Judge has moved, it may be done by the end of summer. The loser will then appeal to the 9th Circuit.
 
As fast as this Judge has moved, it may be done by the end of summer. The loser will then appeal to the 9th Circuit.
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If this goes all the way to the U.S. Supreme Court, they will likely say, not of those cases again............


Cnon
 
But according to that case's link, a Motion Hearing is set for 8/27 at 2 P.M in the Coeur d Alene - District Courtroom.



Cnon
 
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