Quote:
Originally Posted by GaryS
It would be most unusual for the winning party to request a rehearing on a case that they had, uh, won.
An en banc rehearing wouldn't necessarily be bad for 2A supporters. When an appeal is heard, the rule is that the evidence must be looked at in the light most favorable to the non moving party. The non moving party being the side that won the last round.
Of course if the court refuses to rehear the case, it effectively becomes the law of the land due to the fact that it's the Appeals Court for the District of Columbia. At least that's how I understand it. Not being a lawyer and all, there is a good chance I don't understand it.
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The losing party has petitioned the full circuit to rehear the case
The winning party is not allowed to say anything to the circuit about the petition to rehear unless the circuit grants permission.
A rehearing would be very bad. The full circuit would hear the appeal all over again. Moreover, INHO they would only agree to rehear if they were prepared to negate the pro 2A win
BTW I am a lawyer.