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Jim, Kachalski was denied cert back on April 16th.
What makes this case stand out from the other cases was the dissent.
Judge Hardiman had the judicial courage to not only agree with Judge Legg (Woollard, CA4 district court opinion), but also with Judge Posner (Moore, CA7). Judge Hardiman "gets it." The right (self protection) exists as much outside the home as inside, differing only in a very small way. He recites the proper research of the Supreme Court and dismisses the so-called history that the majority uses as being at odds with Heller.
He recognized that the "intermediate scrutiny" used by the majority was intermediate in name only, as it was merely rational basis. He trashed the majorities supposed reliance on "longstanding" law as being presumptively lawful. He called them on refusing to hold the State to its duty to justify the infringement, an infringement the majority said didn't exist.
The dissent was a very powerful piece of writing. It may well be reason enough for the SCOTUS to grant cert.
However it turns out, this dissent does give both Drake and Woollard a slightly better chance at a grant of cert.
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