Seventh Circuit Ruling Reveals Anti-Approach to Incorporation - Page 3

Bartholomew Roberts · August 10, 2009, 09:03 AM

Quote:

Didn't this exact approach fail for Dellinger last year?

Does the Chicago ordinance allow them to be stored assembled? If so, then that is one distinction between D.C. and Chicago and could be an important one to their argument.

Having said that, it looks like most of the Chicago brief is basically "Heller was wrongly decided." I can't imagine that is going to be very helpful when the same five Justices who decided Heller read it - especially given that they are using the same arguments that were unpersuasive in Heller.

**Tom Servo** · August 10, 2009, 01:24 PM

Quote:

Does the Chicago ordinance allow them to be stored assembled? If so, then that is one distinction between D.C. and Chicago and could be an important one to their argument.

Yes, but it's a small difference. Overall, as Pistolero mentioned, the tack they're taking with "interest bearing" arguments is what failed.

Poseidon28 · August 16, 2009, 02:03 PM

My legal question:
First conflict of law, 9th and 7th circuits, on the Incorporation of the 2 Amendment, against the states. How often are such issues brought before the Supreme Court?
In other words, what's the process to grant cert? How many judges, and which ones, approve bringing something up for cert?

**Al Norris** · August 16, 2009, 05:01 PM

It requires that 4 Justices agree to hear a case in order to grant Cert.

The most often used route to get to the Supreme Court (SCOTUS), is to have a Circuit split. That is, one or more Circuit Courts disagree in the interpretation of a law or other legal issue. The SCOTUS will generally take such an appeal to remedy the differences, so as to make the law/issue one of uniformity throughout the nation.

Currently, because the 9th Circuit will decide the Nordyke case en banc, there is no split in the Circuits.

How this will affect certiorari, is anyone's guess.

Poseidon28 · August 16, 2009, 10:48 PM

...

**Al Norris** · August 24, 2009, 02:34 PM

Since we are at the cert stage before the Supreme Court, direct all comments here.

This one is closed.

August 16, 2009, 05:01 PM	#54
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,774	It requires that 4 Justices agree to hear a case in order to grant Cert. The most often used route to get to the Supreme Court (SCOTUS), is to have a Circuit split. That is, one or more Circuit Courts disagree in the interpretation of a law or other legal issue. The SCOTUS will generally take such an appeal to remedy the differences, so as to make the law/issue one of uniformity throughout the nation. Currently, because the 9th Circuit will decide the Nordyke case en banc, there is no split in the Circuits. How this will affect certiorari, is anyone's guess. __________________ Listings of the Current 2A Cases: http://thefiringline.com/forums/showthread.php?t=416973

August 16, 2009, 10:48 PM	#55
Poseidon28 Junior member Join Date: July 25, 2009 Posts: 212	... Last edited by Poseidon28; August 18, 2009 at 01:04 AM. Reason: moderation

August 24, 2009, 02:34 PM	#56
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,774	Since we are at the cert stage before the Supreme Court, direct all comments here. This one is closed. __________________ Listings of the Current 2A Cases: http://thefiringline.com/forums/showthread.php?t=416973

August 16, 2009, 02:03 PM	#53
Poseidon28 Junior member Join Date: July 25, 2009 Posts: 212	My legal question: First conflict of law, 9th and 7th circuits, on the Incorporation of the 2 Amendment, against the states. How often are such issues brought before the Supreme Court? In other words, what's the process to grant cert? How many judges, and which ones, approve bringing something up for cert?