UPdate / US Supreme Court Case / DC Ban

CA CCWInstructor

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See: http://www.scotusblog.com/wp/uncategorized/court-takes-no-action-on-gun-case/

The Supreme Court on Tuesday announced no action on a new case testing the meaning of the Second Amendment — an issue the Court has not considered in 68 years. The Orders List contained no mention of either the District of Columbia’s appeal (07-290) or a cross-petition by challengers to the city’s flat ban on private possession of handguns (07-335). The next date for possible action on these cases is likely to be Nov. 26, following a pre-Thanksgiving Conference of the Justices set for Tuesday, Nov. 20.

The Court, of course, does not explain inaction. But among the possible reasons for delaying the case are these: one or more Justices simply asked for more time to consider the two cases; the Court may be rewriting the question or questions it will be willing to review — especially in view of the disagreement between the two sides on what should be at issue; the Court may have voted initially to deny review of one or both cases and one or more Justices are writing a dissent from the denial. The appeal in 07-290 (District of Columbia v. Heller) raises the key issue about the Second Amendment’s meaning — that is, whether it guarantees an individual right to have a handgun for private use, at least in one’s home — and the appeal in 07-335 (Parker v. District of Columbia) poses a question about who may bring lawsuits to challenge laws before they are actively enforced. Together, the cases thus present a somewhat complex mix for the Court, and it perhaps was not much of a surprise that no order issued on Tuesday. At no point is there likely to be an answer as to what happened to bring about the delay. Both cases are expected to be re-listed for the Nov. 20 Conference.


Les Brers
So, for now, the decision that the D.C. gun ban is unConstitutional stands.

Folks, that says alot... IMHO.

It also delays implementation of that decision. The SCOTUS gave D.C. permission (as I understand it) to continue to enforce the ban until the appeal is either heard or turned down by them.

Also, again, as I understand it, if the court turns down hearing the case(s), then the lower court's ruling does not go nationwide. I'm pretty sure that it will only apply to D.C., or possibly the whole jurisdiction of the ruling court. If I'm mistaken about that, someone please let us know, but I don't see how the D.C circuit appeals court would have more weight than, say, the 9th Circuit Court of Appeals, which encompasses CA among other liberal states, and is widely accepted as the most liberal appeals court in the country.

I very rarely sit on the fence about anything. I take a stand one way or the other on nearly every issue. This case has me in a literal 50/50 posture though. If turned down, then we could go another 70 or 100 years before the SCOTUS has the cajones to tackle the issue of 2A meaning again, maybe they never will, who knows. If they do hear this case, the court itself is still 50/50 with an O'Connor-type of tie-breaker in Kennedy I believe. I might be mistaken about who is the more independent of the liberal justices, but regardless, there is no guarantee that the court will find an individual right in the 2nd Amendment, and if they so decided, it would be disastrous for gun owners.

So, for the first time that I can remember in my adult life, I'm sittin' on the fence on this one.



Thank God I'm alive!
I don't think I've ever anticipated a Supreme Court decision as much as I am anticipating this one. If I know the Supreme Court as well as I th ink I know it, we probably won't see an decision in this case until May or June of next year, which is typical of decisions for the most controversial and important cases, which I believe describes this case perfectly.
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New member
I do understand the sitting on the fence posture. As it is now we have won a small battle. If the supreme court hears it we could win a big battle. However, if they decide to let DC continue their ban, we have lost this whole battle.

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