Constitutional Law

Numchuck case up for cert. conference

The 2d Circuit case on numchucks, which refused to incorporate the 2A against States, has had its petition for cert. set for consideration at the Sept. 29 conference, the same day the Court votes on whether to take the Chicago cases. I can't see it being taken alone. If it's taken with the Chicago cases, they'd certainly be consolidated, and since Justice Sotomayer was on the 2nd Circuit panel that ruled in the case, custom would be for her to recuse herself. No one has a clue as to her position here, but a recusal probably favors the pro-2A side.

Update--html corrected, thanks...

Update: tie means, lower court is affirmed, but the decision has no value as precedent. Tie went to the runner in these cases but that's it. In the next case, if the Court takes it, it can go either way without concern about having to overrule precedent, because this one only determined that there was a tie.

Full post as published by Of Arms and the Law on September 11, 2009 (boomark / email).