OK, this one escaped me. On 03-18-2011, Tom Scocca, the Madison Society and Calguns Foundation filed suit against Sheriff Laurie Smith and County of Santa Clara, CA., in the US District Court for the Northern District of CA. Donald Kilmer and Jason Davis are the attorneys for the plaintiffs. This is a case based solely upon Equal Protection of the Law (14th Amendment).
The complaint is a very brief 9 pages, explaining how the conduct of Sheriff Smith has denied Mr. Scocca a permit on the same basis that many other permits by this Sheriff were granted.
Now here's the twist! Instead of answering the compliant, the Sheriff and County filed a Motion to Dismiss
on 05-27-2011. Why is this a twist? The defendants spend the majority of their 22 page brief addressing various 2A defenses!
Sorry Charlie! This is a 14th Amendment EP case. It is not based upon the 2A at all!
On 07-22-2011, the plaintiffs respond
by blasting the defendants for arguing to dismiss on grounds that were never before the Court. Then they make an argument to the Judge, basically telling him that even if he is against 2A rights, the correct thing to do is to judge the case on the Law and not his personal politics.
Doing a little research on this particular Judge reveals that he was appointed to Santa Clara Superior Court by "Moonbeam" Brown and later appointed to the US District Court by Clinton. He is a solid liberal judicial appointment. This must be why the Defendants declined to have the Magistrate Judge Paul Singh supervise this case until trial and went directly to the District Judge Jeremy Fogel to manage the case. It was a tactical move on their part (anyone care to comment if this is at all unusual?).
This one will be interesting to watch.