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Lower court follows pre-Heller law
Gene Volokh has a post on it. The federal trial court notes that " Ostalaza neglects to substantiate that argument with citations to any authority. Instead, Ostalaza points to District of Columbia v. Heller, a case that was pending before the Supreme Court at the time his motion was filed. " Can't see where that makes a difference.
It then cites to collective-right rulings from its Circuit. As Gene points out, the trial court seems to assume that it is bound by its Circuit rulings even though the Supreme Court has gone to the contrary -- the Circuit is its immediate boss, and until the Circuit changes its mind, the Supreme Court's ruling doesn't matter much.
Comments
Didn't the DC Appellate panel follow the Circuit's position on standing WRT Parker and the other plaintiffs besides Heller, even though the Supreme Court has announced a more generous rule?
Posted by: wrangler5 at July 9, 2008 01:06 PM
time to impeach and convict and disbar. Let them flip burgers, if they are capable of such, which I doubt.
Posted by: straightarrow at July 9, 2008 06:48 PM
That's what we need; a bunch of esquires flipping our burgers. Good stuff.
Posted by: andy at July 10, 2008 07:40 AM