Parker v. D.C.

[CARLHAYDEN]

I strongly recommend that if you have an opportunity, you read the decision of the D.C. Court of Appeals in Parker v. D.C., 04-7041 (2007).

Now, this is a rather lengthy decision (going to 75 pages, including dissent).

The heart of the decision may be found on page 46.

[Sam Spade]

You mean Parker v. D.C.  Also, to help our readers, the text of decision can be found here.

http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf

The crux of the case is that it overturns the D.C. gun ban.  But it is a much more important case because it reasons that the 2nd amendment protects the individual's right to bear arms against the government.

Much more than that, I will have to seriously read the opinion, instead of skimming it.  I will post more on this later.

However, as long as this gets past the DC en banc (and I suspect it will), I suspect we'll be looking at the first big USSC 2nd amendment case since 1939 because there is considerable conflict between the Circuits.

[CARLHAYDEN]

Thanks for the response, but I did say, Parker v. D.C. in my post, sorry about the typo in the subject line.

What is important is that in the last few years, three Courts of Appeal have ruled on Second Amendment, with the most prestigious (D.C.) getting it correct (the fifth circuit previously got it correct) and the nutty ninth getting it so wrong that they had to rewrite the opinion to correct errors in citations.

The D.C. Court of Appeals is considered to be a mini-Supreme Court and is rarely overruled whereas the ninth is far and away the most overruled circuit in the nation.

[minionofmidas]

Thanks for the response, but I did say, Parker v. D.C. in my post, sorry about the typo in the subject line.

You can still correct that IIRC. Just hid edit on the opening post and change the subject line. Used to work, anyways.

[CARLHAYDEN]

Thanks for the response, but I did say, Parker v. D.C. in my post, sorry about the typo in the subject line.

You can still correct that IIRC. Just hid edit on the opening post and change the subject line. Used to work, anyways.

Thanks "scooter"

[A18]

The chances of an en banc reversal are slim. The D.C. Circuit is quite conservative.

I assume that the Supreme Court will grant review (not a sure bet, but in all probability it will). Based on their prior writings, I can say with near-certainty that Scalia and Thomas will vote to affirm. I have no predictions to offer as to anyone else's vote.

[NewFederalist]

The chances of an en banc reversal are slim. The D.C. Circuit is quite conservative.

I assume that the Supreme Court will grant review (not a sure bet, but in all probability it will). Based on their prior writings, I can say with near-certainty that Scalia and Thomas will vote to affirm. I have no predictions to offer as to anyone else's vote.

Hey, welcome back! You have been gone a while.

[A18]

Update: en banc rehearing denied.

[CARLHAYDEN]

I understand the gun control groups are urging the D.C. government to NOT appeal this one to the Supreme Court.

Essentially, they hope Hillary/Obama/Breck Girl will be elected an appoint a few leftists to the court.

Right now, if the current court were to hear the appeal, they would lose.