Chicago Gun Case
Some analysis by Randy Barnett.
And more by Matthew.
Unsurprisingly, the court there is less than sympathetic to gun rights.
Some analysis by Randy Barnett.
And more by Matthew.
Unsurprisingly, the court there is less than sympathetic to gun rights.
Remember, I do this to entertain me, not you.
Uncle Pays the Bills
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May 28th, 2009 at 10:16 am
I attended the argument and I have argued before all of the judges on the panel on multiple occasions. The panel was Bauer, who is on senior status, Easterbrook and Posner. Judge Bauer is not going to write some scathing dissent. He will go along with what Easterbrook writes (I’m predicting he writes the decision for the court – he’s chief judge and this is a big case). Posner may write a concurrence just because he thinks he has something to say on the subject and he knows the decision will be widely read.
The 7th Circuit, unlike the 9th Circuit, usually tries not to write decisions that push the envelope. Under the language of the Heller decision, specifically footnote 23, incorporating would clearly be pushing the envelope. The Supreme Court left the question open and it’s up to them to answer it. As Easterbrook said at the argument, a split in the circuits gets Alan Gura back to the Supreme Court.