That didn't take long
Notice of Docket Activity
The following transaction was entered on 09/24/2009 at 4:07:21 PM PDT and filed on 09/24/2009:
Case Name: Nordyke, et al v. King, et al
Case Number: 07-15763
Filed order (ALEX KOZINSKI): Submission is vacated pending the Supreme Court’s disposition of Maloney v. Rice, No. 08-1592, McDonald v. City of Chicago, No. 08-1521, and National Rifle Ass’n of Am., Inc. v. City of Chicago, No. 08-1497.
[Essentially, Nordyke will be held onto until the Supreme Ct disposes of the other cases, either granting cert. and ruling, or denying cert.]
UPDATE: by held onto I mean the Circuit will take no action, leaving it in a sort of limbo. It won't send it back to the lower court for action, nor give a final decision, which would mean it could move on to the Supreme Court. Judges do not like to be reversed , and here the exact issue is going before the Supreme Court, why take a position that might get crosswise with their ruling? If the Supreme Court grants review, the Circuit will hold onto it until the Supreme Court rules. If the Supreme Court denies review of the earlier Chicago cases, the 9th Circuit will proceed to rule.
This is nice in a way since it gives two shots at Supreme Court review, and IF the Chicago cases were refused, and the 9th then ruled for incorporation of the right to arms, there would be a second shot at Supreme Court consideration, now with a split among the circuits,