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Old August 22, 2009, 10:49 AM   #1
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Chicago Gun Case Incorporation Lawsuit

Because the Chicago Incorporation case is now waiting upon a decision for certiorari by the Supreme Court; because we have a couple of different threads on this, from the 7th Circuit decision; because the information is in different threads, this thread is to be used as the main thread for further discussion.

So then, to recap what's going on at the moment.

There were two cases that comprised what is being called, NRA v. Chicago.

The first case was filed immediately that Heller was decided by Alan Gura, for Otis McDonald, et al.

The second case was filed two days later by the NRA.

The cases were combined at the District Court and summary judgment to dismiss was granted. The cases were appealed to the 7th Circuit where, on June 2, 2009, the Circuit declined to incorporate and held for the District Court.

The NRA filed its petition for certiorari on June 4th and Gura filed his on June 11th. On June 25th, an order extending time to file a response was entered for Chicago. Response is due on Aug. 5th.

The NRA petition for cert is here.

Gura's petition for cert is here.

There are currently 7 amici curiae briefs filed for the petitioners, arguing for a grant of cert, for which I have links.

Briefs filed on behalf of both litigants:

Brief amicus curiae of Arms Keepers.
Brief amicus curiae of California (AG Jerry Brown).
Brief amici curiae of Texas, et al (33 States).
Brief amici curiae of Institute for Justice, and Cato Institute.
Brief amicus curiae of Gun Owners of America and Gun Owners Foundation.

Briefs filed on behalf of the NRA:

Brief amicus curiae of American Civil Rights Union.

Briefs filed on behalf of McDonald:

The Brief amicus curiae of Constitutional Accountability Center (Law Professors).

Chicago's Reply brief in opposition to cert is here.

The NRA reply brief is here.

Gura's reply brief is here.

Over at SCOTUSblog, Lyle Denniston has reported that the first conference of the new Term will be held on Sept.29. Included in the electronic docket will be two gun cases: NRA v. Chicago (08-1497) and McDonald v. Chicago (08-1521).

We could know as soon as the next day (Wed. Sept. 30) if either or both cases will be heard. Generally however, such announcements are given the following Monday (which happens to be the start of the 2009 Term).

The new Term starts the first Monday of Oct. - Oct. 5.

Note: A tip of the Hat to Bubbles, over at THR.us for reporting the SCOTUSblog info.
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