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Uodate on Parker case
Word from Bob Levy, attorney for appellants in Parker (which challenges the DC gun law) is that the DC Circuit denied the DC gov't's motion to summarily affirm (the dismissal below) on standing grounds, and ordered that the issue be addressed in briefs. (As he notes, they're not out of the woods yet on standing, but at least they've survived the first attack). Wording of order follows.
Upon consideration of the initial motion to issue a briefing schedule and set oral argument on the merits, the opposition thereto and motion for summary affirmance, the reply to the opposition to the initial motion and opposition to the motion for summary affirmance, the reply to the opposition to the motion for summary affirmance, the second motion to issue a briefing schedule and set oral argument on the merits, the opposition thereto, the reply, the motion to remand with instructions to dismiss or, alternatively, for summary affirmance, the opposition thereto, and the reply, it is ORDERED that the motion for summary affirmance and the motion to remand with instructions to dismiss or, alternatively, for summary affirmance be denied.
The merits of the parties’ positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam).
It is FURTHER ORDERED that the motions to issue a briefing schedule and set oral argument on the merits be granted. The Clerk is instructed to calendar this case for presentation to a merits panel, and the parties are instructed to address both standing and the merits of the case in their briefs.
Comments
Our firm has split up. I am happy to be practicing under the new auspices of Gura & Possessky, PLLC, and will continue to represent the plaintiffs as before.
We will also continue to provide the relevant pleadings and orders on our new website.
Links available from here:
http://www.gurapossessky.com/newsandresources.htm
It is true that we are once again being asked to addressed standing. However, the D.C. Circuit is also asking for briefing and argument on the merits.
We look forward to complying with the Court's order.
Posted by: Alan Gura at November 3, 2005 04:54 PM