Gura's case has been docketed: 08-1521
Title: Otis McDonald, et al., Petitioners v. City of Chicago, Illinois
Docketed: June 11, 2009
Lower Ct: United States Court of Appeals for the Seventh Circuit
Case Nos.: (08-4241, 08-4243, 08-4244)
Decision Date: June 2, 2009
~~Date~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jun 9 2009 Petition for a writ of certiorari filed. (Response due July 13, 2009)
This is Alan Gura's case. The NRA's case for cert (08-4241, 08-4243) is separate from Gura's cert (08-4244).
For those that don't follow the "niceties" of this sort of thing, Supreme Court Rule 12.4 allows for the original and separate plaintiffs to file independent certs.
So the NRA petition was docketed as case #08-1497 on June 3, 2009. (response due on July 6, 2009).
The Court Clerk has included all 3 original cases in both certs, probably for sake of brevity and inclusion as one surviving case. I would like to hope that the NRA would agree to subsume their claim into Gura's claim. The NRA's cert is very weak, on its face.
Please note, I'm not disparaging the NRA here. I'm merely observing that they are continuing in their practice of throwing everything they can think of, against the wall, in the hopes that something will stick. It is an all too common practice in law.
Compare just the questions being presented by the two certs. First the NRA's question:
Quote:
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Whether the right of the people to keep and bear arms guaranteed by the Second Amendment to the United States Constitution is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.
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Now the question, as presented by Gura:
Quote:
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Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses.
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When you want the Court to define a very narrow view, which question, above, would you rather want the Court to answer? Look back at the history of the
Heller certs for your answer.
As to whether or not the Court will grant certiorari, remember that it only requires 4 Justices to agree to take the case for cert to be granted.
Bart? Have you heard when the hearings are to be held?