View Single Post
Old September 25, 2009, 10:12 AM   #8
Join Date: December 17, 2008
Posts: 54
"(09-24) 14:43 PDT SAN FRANCISCO -- A divided federal appeals court wrestled Thursday with potentially the most important gun case in its history, a dispute over a firearms ban at the Alameda County Fairgrounds that has expanded into a constitutional battle over state and local authority to regulate gun possession.

So far, only the Chronicle has covered this story in the Bay Area.

Short silver-lining analysis from David Hardy:

UPDATE: by held onto I mean the Circuit will take no action, leaving it in a sort of limbo. It won't send it back to the lower court for action, nor give a final decision, which would mean it could move on to the Supreme Court. Judges do not like to be reversed , and here the exact issue is going before the Supreme Court, why take a position that might get crosswise with their ruling? If the Supreme Court grants review, the Circuit will hold onto it until the Supreme Court rules. If the Supreme Court denies review of the earlier Chicago cases, the 9th Circuit will proceed to rule.

This is nice in a way since it gives two shots at Supreme Court review, and IF the Chicago cases were refused, and the 9th then ruled for incorporation of the right to arms, there would be a second shot at Supreme Court consideration, now with a split among the circuits,

Posts above not mine, reposted for your enjoyment
freonr22 is offline  
Page generated in 0.03248 seconds with 7 queries