Ninth Circuit Defers Considering the Second Amendment Incorporation Case

[tombogan03884]

Posted by Eugene Volokh:
Ninth Circuit Defers Considering the Second Amendment Incorporation Case
http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253849488


   until the Supreme Court decides whether to grant certiorari in the
   Second or Seventh Circuit cases. The order is [1]here. According to
   [2]Declan McCullagh (CBSNews.com), "The justices are scheduled to
   discuss those cases on September 29, and are likely to announce their
   decision [on whether to hear the cases] soon after."

References

   1. http://howappealing.law.com/NordykeVsKingCTA9Order092409.pdf
   2. http://www.cbsnews.com/blogs/2009/09/24/taking_liberties/entry5338307.shtml

[fightingquaker13]

There is nothing but good things to be inferred from this.
Good thing number one: even the 9th circuit (the most liberal) is not hell bent on saying the 2A is not incorporated.
Good thing number two: They didn't just dismiss the case
Good thing number three: They have the common sense to understand that hearing it now would be a waste of everyone's time and money if the SCOTUS is going to take up the issue and render whatever ruling they made moot.
FQ13

[tombogan03884]

FQ, As I understand it the 9th CC decided on their own to reexamine the Case they had already ruled on which recognized the 2A and the Heller decision but ruled that Alameda county could still ban gun shows at the county fair grounds.

[fightingquaker13]

FQ, As I understand it the 9th CC decided on their own to reexamine the Case they had already ruled on which recognized the 2A and the Heller decision but ruled that Alameda county could still ban gun shows at the county fair grounds.

You're right. The question was whether to reopen (I'm not sure if they are planning on sitting en banc for this or not). The good news is they could have simply refused to hear it, said affirmed, and been done with it.Instead they seem to think SCOTUS might incorporate and don't want to take action until they get instructions. I take this as good news. I mean God knows these guys all know each other and talk shop. I doubt they would have said "maybe later" if there wasn't a reason to wait one way or the other. I honestly have no clue how SCOTUS will jump on this one.
FQ13

[TAB]

Like it or not, they are playing it safe.  Atleast thats how they see it.

[Sponsor]

[tombogan03884]

FQ, No one had asked them to take another look at it, it was something they decided to do on their own.