Something Feral

Digging up the flower-beds.

Saturday, September 26, 2009

Followup: Nordyke v. King, Encore Edition

David Hardy at Of Arms & the Law has a quick 'n dirty analysis of mysterious and subtle ways of the 9th Circuit, and the subsequent eleven-judge en banc review of the case:
Notice of Docket Activity

The following transaction was entered on 09/24/2009 at 4:07:21 PM PDT and filed on 09/24/2009:
Case Name: Nordyke, et al v. King, et al
Case Number: 07-15763

Docket Text:
Filed order (ALEX KOZINSKI): Submission is vacated pending the Supreme Court’s disposition of Maloney v. Rice, No. 08-1592, McDonald v. City of Chicago, No. 08-1521, and National Rifle Ass’n of Am., Inc. v. City of Chicago, No. 08-1497.

[Essentially, Nordyke will be held onto until the Supreme Ct disposes of the other cases, either granting cert. and ruling, or denying cert.]

... This is nice in a way since it gives two shots at Supreme Court review, and IF the Chicago cases were refused, and the 9th then ruled for incorporation of the right to arms, there would be a second shot at Supreme Court consideration, now with a split among the circuits[.]
It seems that the chance for Sotomayor to recuse herself just jumped, provided that Maloney v. Rice/Cuomo makes it to the Supreme Court before NRA v. Chicago. (The Volokh Conspiracy has relevant discussion here.)

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