Heller or NORDYKE v. KING and MD law...another approach

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    ezliving

    ezliving

    Besieger
    Oct 9, 2008
    4,590
    Undisclosed Secure Location
    After hearing oral argument en banc today in Nordyke v. King, the Ninth Circuit has vacated its submission of that case pending whether the U.S. Supreme Court will grant review of one or more other cases raising the same Second Amendment issue: You can access today's post-oral argument order of the U.S. Court of Appeals for the Ninth Circuit vacating the submission of the case at this link.

    You can download the audio of today's en banc oral argument via this link (9.00MB Windows Media audio file).

    In coverage of today's en banc oral argument, Bob Egelko of The San Francisco Chronicle has a news update headlined "Court considers county's right to regulate guns."

    Josh Richman of The Oakland Tribune has a news update headlined "Appeals court grapples with gun rights in East Bay case."

    And at his "Taking Liberties" blog hosted by CBSNews.com, Declan McCullagh has a post titled "Appeals Court Weighs Gun Rights Lawsuit."

    Source: http://howappealing.law.com/092409.html#035299
     
    K

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    The oral arguments were a mess, the county brought in a big-name attorney from the Legal Community Against Violence advocacy group and the judges made her trip up and admit several things she'll regret. For example, she admitted that open & loaded carrying of a handgun at the fairgrounds was acceptable to the county as it is not a "sensitive place" (a phrase from Heller, Scalia said bans on carrying were presumed reasonable only for sensitive places such as schools and govt buildings). Thats not a good position to take when the county's trying to ban the presence and sale of unloaded, locked guns at the same location.
     
    ezliving

    ezliving

    Besieger
    Oct 9, 2008
    4,590
    Undisclosed Secure Location
    Nanook said:
    Anybody want to break it down, Cliff-note-style, for laymen? I don't have time to listen for an hour...
    Click to expand...
    It was worth my time to listen to the thought processes of the judges.

    One of the judges even raised the option of holding off on a decision until after SCOTUS rules on all the cases on their doorstep. Still, I was surprised when they took the ball and went home.
     
    fightinbluhen51

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    ezliving said:
    It was worth my time to listen to the thought processes of the judges.

    One of the judges even raised the option of holding off on a decision until after SCOTUS rules on all the cases on their doorstep. Still, I was surprised when they took the ball and went home.
    Click to expand...
    That is kind of shocking, but I have a feeling, the 9th didn't want to be the reversal poster child they've been over the last decade on this one (they just might be the prime targets, errr suspects) if SCOTUS upholds the non-incorporation of rights that will be heard on appeal from the Chicago gun cases.

    Though, court's have been known to just take a wait and see what SCOTUS does if they don't have any good reason to rule, and right now, with the other pending cases, 9th doesn't.
     
    fightinbluhen51

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Well Charlie Foxtrot, that and they don't want to be "on the record" if they come up for appointment to SCOTUS and then have to account for their record in front of the Senate judiciary committee in their hearings. I come from the school of though of have some balls and stand behind your principals, but, those things don't exist these days.
     
    K

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    fightinbluhen51:
    Its also a question of workload, their clerks have to research, draft, revise, etc the opinions which can be hundreds of hours of work, only to have the Supreme Court reach the same decision two months later, or even worse, a different decision which makes the Circuit panel look really bad.
     
    fightinbluhen51

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Kharn said:
    fightinbluhen51:
    Its also a question of workload, their clerks have to research, draft, revise, etc the opinions which can be hundreds of hours of work, only to have the Supreme Court reach the same decision two months later, or even worse, a different decision which makes the Circuit panel look really bad.
    Click to expand...
    Good point on that one too. Didn't consider that, but you'd be correct.
     
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