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Old July 30, 2009, 09:35 AM   #7
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Quote:
While many of the readers of the Law and Civil Rights forum on Firing Line Forums won't care for it, this means that, technically, "[there is] no longer a circuit split on the subject."
It means that there is temporarily not a circuit split on whether the Second Amendment is incorporated against the States, pending the outcome of the en banc decision. However, there is still a circuit split on what kind of incorporation test is applied and how it is applied, as Gura's brief on the matter outlined nicely.

If the Supreme Court doesn't address the issue now, that split in how courts are doing the analysis is still eventually going to create a split that they will have to address.

Unless the Ninth Cirucit en banc panel can also wrap that issue up nicely and tie a bow around it, the most a negative decision can do is delay the inevitable.
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