McDonald > Palmer?

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    Peaceful John

    Active Member
    May 31, 2011
    239
    To the attorneys:

    Because McDonald incorporated Heller, if Palmer is decided favorably is it automatically also incorporated as to the States?

    Cordially,
    John
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Peaceful John said:
    To the attorneys:

    Because McDonald incorporated Heller, if Palmer is decided favorably is it automatically also incorporated as to the States?

    Cordially,
    John
    Click to expand...

    No, not really. Palmer is in district court -- district court decisions are not even binding (as to other persons not parties to the litigation) even in the same district. A decision would be at most persusaive precedent in other districts and circuits which are free to decide the question.
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Peaceful John said:
    Thanks, EsqAppellate. Would the decision migrate to the States at any level short of SCOTUS?
    Click to expand...

    It goes circuit by circuit. EG, Palmer would be appealed to the D.C. Circuit. A decision by the D.C. Circuit is not binding anywhere else, but would effectively bind D.C.. A D.C. Circuit decision is persuasive precedent in another circuit. Any circuit decision can go to the SCT.
     
    D

    Dogabutila

    Ultimate Member
    Dec 21, 2010
    2,359
    I think a better example is the 4th. Where wollard is/will be. The opinion there will affect all the states in that circuit. However, each circuit decision only migrates to binding within that circuit. When circuits disagree, that is a circuit split which are at some point (not automatically, but it puts pressure on...) heard by SCOTUS.
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Dogabutila said:
    I think a better example is the 4th. Where wollard is/will be. The opinion there will affect all the states in that circuit. However, each circuit decision only migrates to binding within that circuit. When circuits disagree, that is a circuit split which are at some point (not automatically, but it puts pressure on...) heard by SCOTUS.
    Click to expand...

    Exactly right.
     
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