Constitutional Law

Nordyke v. King oral argument

Nordyke v. King, presenting the 14th Amendment incorporation issue, is set for argument Jan. 15 at 1 PM. Here's its Wiki page, with links to the briefs. (An appeal has its own Wiki page? I feel so 20th Century at times like this).

The case had already been briefed, with the incorporation issue raised below but not briefed, when DC v. Heller came down. The panel on its own motion directed briefing of that issue. I can see three possible outcomes.

1) 2A is incorporated and binds the States: the regulation at issue is unreasonable and struck down. VERY cert-worthy, and a good shot at the Supreme Court (unless the county decides not to petition).

2) 2A is not incorporated. Cert-worthy, and a petition will be filed.

3) 2A is incorporated, but the regulation upheld as reasonable. The county can't go to the Supreme Court, because they won, even if they don't like how the court reasoned. Plaintiffs can go to the Supreme Court, but odds of getting review are much lower than 1 and 2.

Full post as published by Of Arms and the Law on December 27, 2008 (boomark / email).