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Thursday, July 30, 2009

Nordyke is Going En Banc

I picked up this Arms and the Law report via Sebastian this morning:

Nordyke is going En Banc, meaning it will be heard by the entire circuit. This usually indicates that the consensus of the circuit is that the decision was wrong, and it likely means Nordyke will be overturned. This would remove the circuit split, but as Eugene Volokh points out, having two third of state Attorneys Generals speaks loudly, and the other circuit decisions are inconsistent with the Court’s modern incorporation doctrine. So we might still be going to the Supreme Court with incorporation, but this isn’t a welcome development by any means.

Not sure how this will impact the NRA v Chicago case that is being appealed to the Supreme Court. Part of our reasoning for asking for due to the split that Nordyke contributed to. Sebastian notes that if the three judge panel is overturned, this may help our case after all as the Ninth Circuit is the most overturned circuit in the nation.

VSSA will keep you informed.

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