Constitutional Law

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.

Full post as published by Of Arms and the Law on April 20, 2009 (boomark / email).