question about upcoming DC/SCOTUS appeal...

[MIL-DOT]

appologies if this has been asked and answered somewhere already. we're all concerned about the upcoming supreme court review of the DC decision upholding individual gun rights, but i'm wondering WHY the supreme court would hear this case. as i understand,there has to be some justifyable reason to grant an appeal, some mis-handling of the lower court case. i haven't read any mention of a good excuse to hear this case and possibly overturn it.anyone?

 

[30 cal slob]

because several lower circuit courts have ruled 2A as a collective right.

with the D.C. ruling, the circuit courts are now in conflict.

i guess SCOTUS has to referee this conflict.

 

[jlbraun]

Circuit conflict. Basically, you have lefty circuit courts (circuit courts are right below the SCOTUS in the hierarchy) like the 9th Circuit issuing "collective right" decisions, and the DC Court issuing an individual rights decision. SCOTUS has to take the case because the lower courts are in conflict.

 

[nobody_special]

It goes slightly beyond a conflict in circuit courts. There has been conflict in the 2A interpretation ever since the Emerson decision in 2001. However, this is the first time that there has ever been a difference in result, where a gun law has been declared unconstitutional. And it's also clear that several other circuits would not have made the same decision.

 

[sacp81170a]

Another difference is that the D.C. Circuit is where the fedgov technically resides. Any federal law can be challenged in the D.C. Circuit, IIRC.