Nordyke v. King update: 9th Circuit to Rehear En Banc (Order Nov 28 2011)

[wildhawker]

By Howard Mintz
hmintz@mercurynews.com
Posted: 11/28/2011

A federal appeals court on Monday once again decided to weigh in on an epic 12-year-old gun rights showdown over an Alameda County ordinance banning guns and ammunition on public property.

In a brief order, the 9th U.S. Circuit Court of Appeals agreed to rehear a legal challenge to the 1999 law, which restricts gun shows on county property, including Alameda County's fairgrounds. The order, which calls for an 11-judge 9th Circuit panel to hear the case, wipes out a ruling last May by three 9th Circuit judges who unanimously agreed to uphold the legality of the ordinance.

Read more at the link. http://www.mercurynews.com/crime-courts/ci_19427867?

-Brandon

Update: Text of order (Document.pdf)

KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel
opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judge Rawlinson did not participate in the deliberations or vote in this case.

added date to title - who knows how many more of these threads there will be?
// Librarian

[Window_Seat]

It's very much interesting, even after all these years.

Erik.

[ke6guj]

so whats the over/under on when Nordyke will be done, once and for all?

[wildhawker]

[Window_Seat]

so whats the over/under on when Nordyke will be done, once and for all?

http://www.december212012.com/

Erik.

[CHS]

Seriously.. WTF???

TWO en-banc's? THREE decisions?

This is just an effort to stall Pena, isn't it???

But in all seriousness, how often do cases go en-banc multiple times? I can't imagine this is "usual business".

[Kharn]

Does Don have his own reserved parking spot at the 9th Circuit's building yet?

[OleCuss]

Any chance they will expedite the process/decision?

[MudCamper]

Seriously.. WTF???

TWO en-banc's? THREE decisions?

This is just an effort to stall Pena, isn't it???

Seems like it. But at least things are rolling again.

[CaliforniaLiberal]

May we have a brief reminder of where we're at with Nordyke? Are we getting what we wanted? Just a fifty word time line/summary or something. I suppose there will be briefs filed and oral arguments, then an indeterminate wait for a ruling? I confess I don't always keep the various pending court cases clear in my mind for more than a couple of months. Too long between rulings.

Edited To Add: Will there be a dinner and drinks after the Oral Arguments? Does this granting of an En Banc hearing indicate that the 9th Circuit thinks this is a really important case and there trying real hard to get it right, maybe avoid being slapped down by SCOTUS? Are we secretly hoping for an adverse ruling so we can ride this all the way to SCOTUS and see the 9th get slapped down?

[HowardW56]

How many times has the 9th held argument on this case?

[kcbrown]

Seriously.. WTF???

TWO en-banc's? THREE decisions?

This is just an effort to stall Pena, isn't it???

But in all seriousness, how often do cases go en-banc multiple times? I can't imagine this is "usual business".

I'm inclined to say that the "usual business" of the 9th Circuit is to deny the right to keep and bear arms.

Maybe the Nordyke decision wasn't sufficiently bad for the rest of the court.

[wildhawker]

The 9th has a very interesting decision to make on 2A: track Ezell, or not.

I'm also curious to see how the en banc panel resolves the EP issues; Don's requests for rehearing surely caused a few "doh!" moments in chambers.

-Brandon

[Mrbroom]

http://www.december212012.com/

Erik.

Yep!!!!

[anthonyca]

Does Don have his own reserved parking spot at the 9th Circuit's building yet?

Ha. That was pretty funny.