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Second Amendment applies against a state
http://twincitiescarry.com/forum/viewtopic.php?f=45&t=12587		 Page 1 of 1
Author:  kimberman [ Mon Apr 20, 2009 11:41 am ]
Post subject:  Second Amendment applies against a state
But, here, they won the WAR but lost the BATTLE.

Nordyke v. King, No. 07-15763, 4-20-2009

http://www.ca9.uscourts.gov/datastore/o ... 715763.pdf
Author:  princewally [ Mon Apr 20, 2009 12:22 pm ]
Post subject: 
Quote:
For the foregoing reasons, we AFFIRM the district court’s
grant of summary judgment to the County on the Nordykes’
First Amendment and equal protection claims and, although
we conclude that the Second Amendment is indeed incorporated
against the states, we AFFIRM the district court’s
refusal to grant the Nordykes leave to amend their complaint
to add a Second Amendment claim in this case.

:)
Author:  Sietch [ Mon Apr 20, 2009 12:34 pm ]
Post subject: 
Relying on the bullshit at hand, Judge Danforth concluded...:roll:

Also

Quote:
King declared she had...“gotten the run around from
spineless people hiding behind the constitution, and been
attacked by aggressive gun toting mobs on right wing talk
radio.”


Grrr. grrrrr.
Author:  princewally [ Mon Apr 20, 2009 12:48 pm ]
Post subject: 
So, how does a 9th circuit decision affect anyone not in the 9th circuit?
Author:  plblark [ Mon Apr 20, 2009 1:05 pm ]
Post subject: 
IIRC, if circuits disagree, it makes it more likely the SC will rule to even things out ...


I'd appreciate a wiser or more experienced answer to your question though as it's a good one.
Author:  Sietch [ Mon Apr 20, 2009 1:06 pm ]
Post subject: 
The circuit and district stuff just means from what geography the court may entertain cases, whether they come to the federal court initially or hop over from a state/municipal court. The courts' decisions have weight across the board.
Author:  Sietch [ Mon Apr 20, 2009 1:14 pm ]
Post subject: 
I should amend that. By rights the implications of the courts' rulings are widespread. Like AGs in New England might mention 5th District cases in statements and whatnot. But sometimes they come up at odds with each other. Activist or otherwise incredibly reckless judges are the problem. High-horsers.

Of course, what do you expect when appointing someone to that kind of position?
Author:  Andrew Rothman [ Mon Apr 20, 2009 2:09 pm ]
Post subject: 
For us non-lawyer types, is that precedent or dicta?
Author:  Lawyer_in_Training [ Tue Apr 21, 2009 7:59 am ]
Post subject: 
As was pointed out in the other thread, we need to wait and see if the full 9th Cir. takes this case en banc.

http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240254351
Author:  Lawyer_in_Training [ Wed Apr 22, 2009 5:57 pm ]
Post subject: 
Here is a summary on one way the Nordyke case could get reviewed by the Supreme Court:

http://www.scotusblog.com/wp/analysis-guns-chukas-and-the-states/

Quote:
None of this, however, would be resolved during the Court’s current Term. ... The Maloney case on “chukas” — and perhaps the Nordyke case on guns, as well — could be ready for the Justices’ action early in the new Term starting in October.
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