« Another "this is pitiful moment" | Main | Yet another this is pitiful moment »
Seegers v. Gonzales cert decision coming
The Surpeme Court's docket indicates that the Seegers petition for cert. is up for vote at the conference this Friday.
The issue is whether plaintiffs have standing to challenge the DC handgun ban, absent their prosecution under it. A pdf file of the petition for cert. is available on Steve Halbrook's webpage.
(Standing to sue, absent prosecution, is one of the more remarkably messed up areas of the law. You'd think it'd be enough to prove that you want to do something, a criminal law forbids it, and you can argue the law is unconstitutional. But it never works out that simply, and there are cases (a) saying you never, or rarely, have standing absent at least a one-on-one clear threat to prosecute if you do it, and (b) cases allowing suit where there is no such threat, and indeed where the law in question has never been enforced).
Comments
I wouldn't expect the Supreme Court to get involved in this one. Denying cert is a good way to let them avoid the issue as they have in the past.
Posted by: King of the Cows at January 18, 2006 07:51 AM