Friday, July 31, 2009

Another Setback

As reported at the Volokh Conspiracy, the U.S. Court of Appeals has ordered Nordyke v. King to be reviewed by the court en banc. This unexpected move means that, temporarily at least, the Second Amendment has been snatched back from California and the rest of the Ninth Circuit. However, the news may not be all bad.

While the rehearing may void incorporation, it is also possible that the court may instead correct some of the problems with the original ruling, which held that the Second Amendment applied to state and local governments but that the county ordinance in question did not violate it. Even if incorporation is voided in the Ninth Circuit, the U.S. Supreme Court is still likely to hear one of the other incorporation cases currently on appeal. In any event, pending civil-rights actions in California may face a longer, more difficult course.

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