DC's Parker decision, Mayor Fenty petitions for en banc hearing.

[gopguy]

This is my commentary on Mayor Fenty asking for an en banc hearing in the Washington DC Parker case. Though everyone is watching Virginia Tech, the real Second Amendment battle is here. What the courts decide in this case may well nullify anything Congress may do in knee jerk response to a mad man's rampage in Virginia. Let's pray the events of last week will not sway an emotional reaction from the court. Tim

http://www.buckeyefirearms.org/article3680.html

 

[awkx]

Also, Alan Gura (the lead attorney for the plaintiffs) wrote an article published in Jurist, available at: http://jurist.law.pitt.edu/hotline/2007/04/restoring-second-amendment-in-parker-v.php.

The alarming theme of expedience-over-law permeates the government’s pending petition for en banc review (emphasis added):

How best to control gun violence is a complex topic, with many competing, passionately held views. The politically accountable legislatures . . . . are the best fora for considering such competing views. Whether or not they are correct, constitutional rulings like that of the panel majority severely limit what measures the political branches can take . . .

"Whether or not they are correct?" Imagine if that chestnut were applied to other Constitutional provisions. The Second Amendment reflects one of many policy preferences enshrined in our basic law. None is universally popular. Could the Fourth Amendment be adopted today, with the full acquiescence of drug- and terror- warriors?

 

[gopguy]

We all owe Alan Gura and his staff a big thank you. They have been spearheading this effort for some time. A pity the press is paying so little attention to the issue. I don't think anything that recognizes the Second Amendment as an individual right fits their template. Instead they run with pieces like this on CNN. http://www.cnn.com/2007/US/04/18/commentary.plate/index.html

This Pate chap does not understand you can not just take rights away from people without due process. He thinks this is something the government can just yank at will. The man is a fool, yet CNN found this newsworthy...

 

[woerm]

what is the time frame of the en blanc

Does anyone know when the en blanc panel will tell DC to shove off or is there some sort of deadline ie

if no reply be x you loose?

Does Parker's atty get a dig in to request the en blanc affirm this and issue the relevant orders (writ of Mandeamus?) to register the guns and delete the relevant sections of the dc code that were invalidated?

r

 

[gopguy]

I double checked with our legal advisor and this is what he said about Parker.

I think they can take as long as they want to rule
on the en banc request.

Alan Gura the attorney for Parker gets to respond to any pleading.

Typically the court ruling will be either to strike
down the offending ordinance, or remand it to the trial court with
instructions to strike down the offending ordanance. No action is required
by the city.

The city of Washington DC and only the city, can appeal to the
supreme court if they refuse en banc.