DC to Appeal Pro-Gun Ruling to the Supreme Court

[Frodo]

How do you all think the Supreme Court would rule on this case?
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Washington to Appeal Ruling Against Its Gun Law

By ADAM LIPTAK
Published: July 16, 2007

The District of Columbia will ask the United States Supreme Court to hear its appeal of a decision in March that struck down parts of its gun control law, the district’s mayor, Adrian M. Fenty, announced yesterday.

The decision in March, from a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, was the first in the nation’s history to hold a gun control law unconstitutional on the ground that the Second Amendment’s guarantee of a right to bear arms protects the rights of individuals, as opposed to the collective rights of state militias.

After the full appeals court refused to rehear the case in May, officials in the District of Columbia, apparently wary of putting the nation’s gun laws at risk given the conservative character of the current Supreme Court, deliberated for more than two months over whether to appeal.

In a statement yesterday, Mr. Fenty said, “We have made the determination that this law can and should be defended, and we are willing to take our case to the highest court in the land to protect the city’s residents.”

Because the District of Columbia Circuit’s interpretation of the Second Amendment is in conflict with that of nine other federal appeals courts, it is considered likely that the Supreme Court will take the case. The court has not ruled on the meaning of the Second Amendment since an ambiguous decision in 1939.

[MODU]

It will probably be upheld.

[CARLHAYDEN]

How do you all think the Supreme Court would rule on this case?
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Washington to Appeal Ruling Against Its Gun Law

By ADAM LIPTAK
Published: July 16, 2007

The District of Columbia will ask the United States Supreme Court to hear its appeal of a decision in March that struck down parts of its gun control law, the district’s mayor, Adrian M. Fenty, announced yesterday.

The decision in March, from a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, was the first in the nation’s history to hold a gun control law unconstitutional on the ground that the Second Amendment’s guarantee of a right to bear arms protects the rights of individuals, as opposed to the collective rights of state militias.

After the full appeals court refused to rehear the case in May, officials in the District of Columbia, apparently wary of putting the nation’s gun laws at risk given the conservative character of the current Supreme Court, deliberated for more than two months over whether to appeal.

In a statement yesterday, Mr. Fenty said, “We have made the determination that this law can and should be defended, and we are willing to take our case to the highest court in the land to protect the city’s residents.”

Because the District of Columbia Circuit’s interpretation of the Second Amendment is in conflict with that of nine other federal appeals courts, it is considered likely that the Supreme Court will take the case. The court has not ruled on the meaning of the Second Amendment since an ambiguous decision in 1939.

First, I posted about this case, Parker v. District of Columbia,  850 F. 2d 708 (2007) in my post on March 9, 2007.

Second, I would not be surprised if the Supreme Court decides not to hear this case as they do not have to grant cert.  Unofficially there has been an agreement in effect that unless at least three justices agree to hear such a case (otherwise the majority will dig the case) it won't be heard.

Third, if this case is heard, the decision of the Court of Appeals is likely to be sustained.

[I spent the winter writing songs about getting better]

Roberts, Alito, Scalia, Thomas and Kennedy will vote to uphold, and for once I'll agree with that bunch. Although I did agree with them on the racial school districts decision.

[True Federalist (진정한 연방 주의자)]

While I expect a 5-4 decision with Kennedy the deciding vote, a 6-3 decision to overrule or a 7-3 to sustain would not be overly surprising.  Souter, Stevens, and Thomas are all possibilities to swing to the other side of liberal-conservative dialog.  If at all possible, I expect a ruling that makes a narrower decision due to D.C. not being a State.