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February 23, 2010, 10:21 AM | #1 |
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Seventh Circuit to Rehear U.S. vs. Skoien
The Volokh Conspiracy is reporting that the Seventh Circuit will rehear the U. S. vs. Skoien case en banc.
This is the case where a three judge panel of the Seventh Circuit unanimously voted to vacate a conviction of firearms possession by someone convicted of misdemeanor domestic violence on Second Amendment gorunds and remanded the case for hearings on whether the blanket ban on misdemeanor domestic violence firearms possession met the proposed standard of scrutiny. This decision now means that the entire panel of the Seventh Circuit will rehear the case, rather than just a three-judge panel. |
February 23, 2010, 12:54 PM | #2 |
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This comes the week before orals in McDonald. I doubt that's a coincidence. Echoes of the 9th Circuit and Nordyke perhaps.
They're waiting to see which way the wind blows.
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February 23, 2010, 02:13 PM | #3 | |
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From the comments:
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February 24, 2010, 09:34 AM | #4 |
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Interestingly enough, it seems that the day after the Seventh Circuit agreed to rehear this case, the Fourth Circuit adopted the reasoning from Skoien in an unpublished opinion by a 3-judge panel (unpublished means the opinion is not binding precedent in the Fourth Circuit).
I'm not sure why the Fourth Circuit thought this opinion should be unpublished. My first impression is that it is a bit cowardly; but perhaps there are reasons for it that I do not understand. |
February 24, 2010, 07:46 PM | #5 | ||
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