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Busy day for the 14th
Posted by David Hardy · 4 December 2008 02:28 PM
In the Chicago case, District Court incorporating the 2nd into the 14th Amendment. Ruling is based on reasoning that he has to obey 7th Circuit precedent, Quilicy v. Morton Grove, until the 7th Circuit changes it. Not unexpected, of course -- this case was going to be settled on appeal.
Can't jump the gun on it, tho. A ruling of this type isn't yet appealable (you have to wait until he dismisses the case).
Hat tips to readers Alice Beard and Gene Hoffman...
2 Comments | Leave a comment
Maybe I'm wrong about binding precedent on incorporation. See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1239422
It's hard for me to believe that the Nordyke panel will rule any differently. The Supreme Court has explicitly rejected incorporation of the 2nd and even not too many years ago reaffirmed that stuff isn't incorporated until they say it's incorporated. The Nordyke panel has already demonstrated that it will grudgingly obey precedent. I almost wish they'd just reject incorporation without wasting time on oral arguments so we can get it on to the SCOTUS as soon as possible. Unfortunately the SCOTUS might not take this rather complicated case if the 9th circuit doesn't incorporate. They might wait for Chicago or something. Of course if the Nordyke panel can be persuaded to buck precedent, that would be the fastest way to the SCOTUS. Though I kind of don't like going to the SCOTUS in defiance of their precedent, possibly angering them or having them think they need to make an example of lower courts that defy their precedent. It seems unlikely that that would effect their decision significantly, but I'd rather avoid the possibility.