If at first you don’t succeed, Try Try Again

ANJRPC  is taking another shot at NJ’s May Issue permitting regime. The actual complaint can be found here (PDF).

Amusing quote:

“Plaintiffs acknowledge that the result they seek is contrary to Drake v. Filko, 724 F.3d 426 (3d Cir. 2014), but, for the reasons explained in Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017), that case was wrongly decided.”

That’ll do well at the Circuit Court, I bet.

I wonder what Scott Bach thinks is going to change at SCOTUS in the next couple of years than will get SCOTUS to take this case up instead of letting it languish like all the other may-issue cases?

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5 thoughts on “If at first you don’t succeed, Try Try Again”

  1. Pingback: Lawsuits are Back, Baby! | Shall Not Be Questioned

  2. I mean, if the courts did their job, this would be a no brainer. But as of now, I don’t know.

    Of course, it takes years to get up to the Supreme Court, so maybe they want this case ready for when a justice flips in a year or two.

    1. This.

      Odds are relatively good that the current presidential term will involve at least one more SCOTUS appointment. If Trump manages to win a second term, and he serves all of it, chances are good that he will have the opportunity to make a total of 3-6 SCOTUS appointments: Kennedy, Ginsburg, and Breyer are relatively unlikely to remain on the court for another 7 years, Thomas and Alito aren’t far behind them (as much as I might sometimes hope that the former remains on the court for a few more decades), and Roberts and Sotomayor aren’t much further behind them (although this last pair is likely to last into the next president’s term).

      While it’s entirely possible that the current court will last for another decade or longer, that doesn’t appear likely to happen.

  3. “I wonder what Scott Bach thinks is going to change at SCOTUS in the next couple of years than will get SCOTUS to take this case up instead of letting it languish like all the other may-issue cases?”

    It is a bad flu year and the eldery are very vulnerable.

    Just an observation.

  4. “I wonder what Scott Bach thinks is going to change at SCOTUS in the next couple of years than will get SCOTUS to take this case up instead of letting it languish like all the other may-issue cases?”

    The odds catching up with that old crone Ginsburg?

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