Oral argument set in Nordyke
Gene Hoffman of CalGuns reports that the 9th Circuit has ordered oral argument, 15 minutes for each side, on October 19 at 1:30PM in Courtroom 1.
This is the one where the 9th Circuit panel (3 judges) issued a ruling, then the entire Circuit voted to rehear it en banc, then after the Chicago decision the Circuit voted to scrap the en banc and send it back to the three judge panel again. Major issues would be (1) standard of review and (2) under whatever standard applies, can the county ban guns shows on county property?
as always, the ninth circus being themselves, this could come to a bad end, but one never knows.
they may decide to run down the road, now that the right has been enshrined on high, and promulgate it everywhere.... i doubt it, but why not wish?
Posted by: redc1c4 at September 11, 2010 01:30 AM
I assume the same three judges who drafted the first decision will sit for this one, too. I'm hopeful that because the en banc hearing was dropped, this will re-affirm the Nordyke's position and be an expansion. But I'll hedge and say "strict scrutiny" is a 50/50 shot.
Posted by: Jim D. at September 11, 2010 11:27 AM