Decision from Chicago on Incorporation

[ServiceSoon]

Will the SCOTUS grant cert?

If they don't we are stuck with the last ruling. Does anybody know which court that would be?

 

[esq_stu]

It must be appealed to the SCOTUS from the highest court in Illinois.

The decision was in U.S. District Court. The next step is the U.S. Court of Appeals for the 7th Circuit. I kind of doubt the case will be filed, briefed, argued, and decided in the 7th Circuit in time for a SCOTUS appeal to be heard before the 2010-2011 session. That means the earliest SCOTUS decision might be spring 2010, but my betting is spring 2011.

 

[cbrgator]

The decision was in U.S. District Court. The next step is the U.S. Court of Appeals for the 7th Circuit.

Pardon me. You are absolutely right. I didn't notice the court in which this suit was brought.

 

[legaleagle_45]

That means the earliest SCOTUS decision might be spring 2010, but my betting is spring 2011

.

Agreed, which is why I suggest keeping an eye on Nordyke v King. Oral argument in 9th Cir is scheduled in about a month. The panel hearing the case is very pro 2nd Amend. Only problems are:

1.) It is not a "pure" incorporation" case as state law preemption statutes are also in the mix; and,

2.) Any decision by the 9th Circ will be the first post Heller evaluation at the Court of Appeals level. SCOTUS generally awaits for there to be a split in the Circuits prior to granting cert.