Late Friday, the 9th Circuit Court of Appeals stayed its mandate in Peruta v. San Diego at the request of the Brady Campaign and Kamala Harris. They had requested an extension of time to file an appeal, intervenor status, and a stay of the mandate. They were given the extension of time and the stay but not the intervenor status. While they may get it later, it was not granted at this time.
From the court’s order:
The Brady Campaign to Prevent Gun Violence’s Motion to Extend Time for
Filing a Petition for Rehearing En Banc and Stay the Issuance of the Mandate, and
Proposed Intervenor State of California’s Motion to Extend Time to File a Petition
for Rehearing En Banc and Stay Issuance of the Mandate, both filed with this
Court on February 27, 2014, are GRANTED. Any proposed petitions for rehearing
filed with this Court by February 27, 2014 will be considered timely if this Court
grants the petitioners’ concurrently filed motions to intervene. This order does not
extend the time for filing petitions for rehearing for any petitioner who did not
move to intervene by February 27, 2014.
Submission with respect to the pending motions to intervene is deferred
pending further order of the Court. Issuance of the mandate is stayed pending further order of the Court.
I don’t know if the plaintiffs are allowed to file an objection to the motions to intervene but would certainly expect it if allowed. There remains the question of what standing either the Brady Campaign or Kamala Harris have to intervene and to appeal. Harris, you may recall, declined to be a part of a similar case.