Additional thoughts on Nordyke
This has got to hurt. Only three days ago Chicago filed its brief in the 7th Circuit. Reading over it--
"The cited footnotes were dicta and when the issue was actually presented in the Ninth Circuit, it ruled that the Second Amendment does not limit the States."
Lots of followup at the Volokh Conspiracy, especially this post, where Prof. Volokh discusses en banc review. You need not be the technical loser to ask for such (unlike a petition for cert.), so the County could do so. But to get it takes a majority of active judges, in this case 14. Two Demo appointment signed the panel opinion, so it would take all remaining 14 Demo appointees to get a majority, or at least one GOP appointee agreeing for every Demo who refuses. Not impossible, but a long shot.
Not a lawyer, but my read is that although the plantiff lost, that the 9th has given us incorporation of 2A via 14A via due process. Am I right. Is this the first incorpoaration case?
Posted by: Chuck at April 20, 2009 06:26 PM
Yep, the first circuit court decision ruling that the Second Amendment is incorporated against the states under the Fourteenth Amendment.
Posted by: James at April 20, 2009 07:54 PM
Any bets as to whether counsel for the City of Chicago will file an amended brief to correct their now-erroneous statement?
Posted by: Bill at April 21, 2009 08:34 AM
Mara Georges (Corporation council for Chicago) must be thinking ... oh, DAMN.
He he ..
Posted by: Carl in Chicago at April 21, 2009 10:39 AM
Yep, pretty much their entire argument has been repudiated.
Posted by: Melancton Smith at April 21, 2009 10:45 AM