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ipser
07-29-2009, 2:23 PM
I've been browsing through the various threads and there seems to be an implicit assumption that Heller applies to the states via 14A incorporation. I know the original intent arguments, but as a matter of case law, I was under the impression that this was as yet undetermined (and, hence at issue with Sotomeyer's appointment).

Is everyone simply confident that incorporation is around the bend or did I miss something?

wildhawker
07-29-2009, 2:26 PM
You missed something (http://wiki.calgunsfoundation.org/index.php/Nordyke_v._King); Nordyke may yet go en banc, but McDonald (http://wiki.calgunsfoundation.org/index.php/McDonald_v._Chicago)is likely to be granted cert and settle 2A incorporation. Sotomayor does not change the composition of the court (Heller 5 remain).

yellowfin
07-29-2009, 3:28 PM
Nordyke is going en banc due to sabotage. I think at least 4 of the 5 SCOTUS judges will want to grant McDonald cert. The question is whether Kennedy will.

ipser
07-29-2009, 4:23 PM
Awesome! Not settled case law (nationally), yet, but sounds like things are moving along smartly.

Re McDonald: "July 6, 2009 California/Attorney General Brown filed an Amicus petition urging incorporation of the 2nd Amendment "

I'm stunned! That's Governor Moonbeam, right?

gregorylucas
07-29-2009, 4:29 PM
Nordyke is going en banc due to sabotage. I think at least 4 of the 5 SCOTUS judges will want to grant McDonald cert. The question is whether Kennedy will.

Did I miss something? I wasn't sure that Nordyke had offically gone en banc and last time I checked today on the 9th circuit website.

Or are you just toying with my emotions? :)

Greg

Psy Crow
07-29-2009, 4:33 PM
Did I miss something? I wasn't sure that Nordyke had offically gone en banc and last time I checked today on the 9th circuit website.

Or are you just toying with my emotions? :)

Greg

According to Volokh:
"UPDATE: According to the Ninth Circuit, "En banc oral argument will take place during the week of September 21, 2009.""

http://volokh.com/archives/archive_2009_07_26-2009_08_01.shtml#1248906855

ipser
07-29-2009, 4:39 PM
Does en banc imply that the full court is itching to overturn the incorporation part of the decision?

GaryV
07-29-2009, 4:43 PM
I think at least 4 of the 5 SCOTUS judges will want to grant McDonald cert. The question is whether Kennedy will.

It doesn't matter. Only 4 are needed to grant cert.

nobody_special
07-29-2009, 5:19 PM
Does en banc imply that the full court is itching to overturn the incorporation part of the decision?
That seems likely. Also, note that the panel opinion may no longer be used as precedent, so at the moment the 2nd amendment is not incorporated in the 9th circus... err, circuit.

yellowfin
07-29-2009, 5:55 PM
Does en banc imply that the full court is itching to overturn the incorporation part of the decision?Is the Pope Catholic?

HondaMasterTech
07-29-2009, 9:09 PM
Is the Pope Catholic?

Probaly not.