Active day for 2A litigation
Nordyke v. King -- which has been pending for 13 years now -- has a petition for cert. pending before the Supreme Court. Because the odds of granting cert. are low, the responding parties often waive their right to file a brief opposing the petition. Alameda County did just that -- but today the Court ordered them to respond. Prof. Volokh just emailed a reference to a law review article that notes that an order of that type raises the odds of cert. being granted by a factor of four -- from 4% to 16%. So Nordyke *may* be the next Supreme Court 2A ruling, and it's certain that the Supreme Court is at least open to another 2A case right now.
On another front, the 9th Circuit has consolidated for argument three right to arms cases, challenging California's "may issue" handgun permit system, and set the argument for Dec. 6.
Unless things go strangely, Nordyke at SCOTUS will probably not be a 2nd Amendment case as such; the current controversy is over 'prevailing party' status and fees.
Posted by: JohnS at October 16, 2012 11:55 AM