Search results for query: *

SCOTUS Review I agree; however, we have no control over the case at that level. Were Parker to file for cert., it would be on the standing issue only, not the Second Amendment, and I suspect cert. would be denied, unless Heller's portion of the case came up concurrently. Heller has standing...

Well, I'm not sure we could intervene in any way without leave to rebrief; however, attorneys for the parties plaintiff will be responding at some point, and perhaps if we could have our views conveyed to them, that might help. Do I get very lucky and find one of them is reading this forum?

You win a lawsuit by securing a favorable final judgment. The final judgment to which we are entitled right now, absent further review, is about as far-reaching as it is going to be. En banc review at best will sustain that judgment, more likely will dilute it, and very possibly could reverse...

I would feel a lot better if we could do something to cut off en banc review. I really think the current opinion is about as strong as we are going to get, and for the moment, I would be happy to find a way to declare victory and quit.

Dear Nobody: Sorry I was not clear. The Second Amendment mentions the militia, but as I observed a long time ago, amendments amend things. The framers were not concerned with personal self-defense, hunting, or shooting farm varmints because in 1790, those were local concerns, and the...

I have read the petition seeking en banc review. I long ago stated that I believe a general right to keep and bear arms has its locus in the Ninth Amendment, as well as in the structural protections of the Constitution, rather than in the Second Amendment. But, locating the general right...

New filings If anyone with access to the courthouse could post the most recent filings seeking en banc review, such would be appreciated.

"Assault" weapons Well, I will assume for the moment that Silberman's ruling holds up, in which case, obviously, if there is a glimmer that the National Firearms Act could fall, there is more than a glimmer that outright bans also would be nixed. But, that is very far down the road. In the...

S.Ct. review The Supreme Court of the United States has almost total control of its own docket. But, good lawyers can avoid (or set) traps sometimes by timing petitions for certiorari or using delaying tactics. For example, normally, anyone claiming to have his Second Amendment rights...

Bifurcation Here, we'll try it again: Two independent rulings were made in this case. Recall previously I talked about whether Younger and its progeny might apply. All plaintiffs, including Heller, lost on this question -- by strictly applying Navigar, the D.C. Circuit in effect said...

Bart, you missed Carebear's post. Re the standing question, I am assuming the cases might become bifurcated -- Heller goes up on the merits, while the others go up on standing not involving 2d Amendment but with invitations. I'm certain you know that denial of cert. in one case sets no...

Yes, Bart: Division of the circuits is the primary reason for granting certiorari. Anyone can appeal anything; the question is: Who gets in? The issue in Miller was the length of the barrel, but only because the statute made it so (it still is legal -- in the sense of statutorily permitted...

Dissent Misses the point. The dissent does not have to be a great opinion; it need only preserve the issue for appeal. For that, it is more than adequate. Interesting that only Heller won, and that the others are out for reasons of standing/comity (I warned y'all). They, of course, can...

The real work? I do hope at least a few read the dissent. I suspect that the real work will start now.

Just heard something interesting on the History Channel: Under Anglo-Saxon law, bearing a weapon was the mark of a free man -- slaves were prohibited from bearing arms.

It is true that a case can be mooted if there is a genuine elimination of an offending law; however, in the scenario you posit, there are several flaws: The law has not changed, only its enforcement; Even if the law is changed, it is a temporary change, and any federal court would see...

Results? Anything yet, anyone?

If, if, if... You make my point, CT: If the Government's case should fall apart on a Fourth-Amendment claim, the Second-Amendment claim never even arises; and, there are a lot more Fourth-Amendment precedents to choose from than Second-Amendment ones. The docket doesn't exist for the...

As of this moment, I've had opportunity to read only the first ten pages of Parker's appellant brief. Disregarding the question of standing on any of the others, Heller has standing to sue because he actually was denied a permit. This issue actually arose in Connecticut, where Hamden's police...

Fincher is a new one to me. What's that all about?