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: How Appealing

"I can appreciate the majority's attempt to avoid criticism of a sister court, but the sheer mushy applesauce consistency of the majority opinion in avoiding a jurisdictional confrontation with the D.C. Circuit should be obvious."

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"I can appreciate the majority's attempt to avoid criticism of a sister court, but the sheer mushy applesauce consistency of the majority opinion in avoiding a jurisdictional confrontation with the D.C. Circuit should be obvious." In an en banc ruling issued today, the majority on the U.S. Court of Appeals for the Federal Circuit avoids a jurisdictional rumble with the D.C. Circuit. The quote that serves as this post's title comes from the conclusion of an opinion dissenting from today's outcome.

As for who would win such a street fight, it's a difficult call. The D.C. Circuit, having correctly recognized the rights the Second Amendment confers, would no doubt appear fully armed to the teeth. But the Federal Circuit might have even more ingenious devices at hand.

Full post as published by How Appealing on January 12, 2010 (boomark / email).

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