Phatty
Member
The question of whether the 2A is incorporated against the states was argued in the 7th Circuit this morning. The judge panel included Easterbrook, Posner and Bauer. Although all three are considered conservative, I am unaware of their positions relating to gun rights (and conservative does not equal pro gun, especially in the Chicago area).
Judge Easterbrook and Judge Posner did not hide their view that they are bound by prior Supreme Court cases that held the 2A does not apply to the states, and they criticized the 9th Circuit's opinion in Nordyke. Judge Easterbrook came right out and told Gura,
Judge Easterbrook and Judge Posner did not hide their view that they are bound by prior Supreme Court cases that held the 2A does not apply to the states, and they criticized the 9th Circuit's opinion in Nordyke. Judge Easterbrook came right out and told Gura,
"I actually don't know why you're so upset about the prospect that Judge Posner and I have raised with you [that only the Supreme Court can decide that the 2A is incorporated against the states]. It doesn't matter what we say; we're not going to resolve this issue. You've got yourself a conflict among the circuits. Why don't you just say, 'Our arguments are preserved, thank you very much'?"
There's no question that Easterbrook and Posner had made up their mind prior to oral argument that they were going to affirm the District Court's ruling. The only good thing about this is that it shouldn't take very long for an order to be issued, which means that it will be in front of the Supreme Court sooner.