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27 Jun, 2008 4:09 pm by ChristinaSonsire
... decisis. A day to celebrate? Perhaps, as it was for the N.R.A. supporters and the libertarian crowd who view the District of Columbia, et. al. v. Heller through a narrow pragmatic lense as a promotion of individual liberties (and security that they can keep ... minute each fall in a tree stand, I feel lucky to be able to appreciate the widely debated social issue at stake in Heller - whether individuals should bear arms - from many different angles. How I actually come down on that debate is a ...
NYInjuryLawBlog.com - http://www.zifflaw.com/blog
25 Aug, 2008 9:06 pm by Lyle Denniston
... expenses and court costs. In a motion and memorandum filed with U.S. District Judge Emmet G. Sullivan, the attorneys said that they had achieved "one ... under that deal was received in mid-2003, the document said. The case was filed originally in District Court in February 2003. The memorandum said that, in addition to a base amount on hourly rates ... counsel in that case. Two other District residents joined in the lawsuit (Heller, et al., v. District of Columbia, et al., District Court docket 08-1289 ...
SCOTUSblog - http://www.scotusblog.com/wp/
4 Jun 8:11 am by Kaimipono D. Wenger
... Volokh points out an odd fact - while the L.A. Times gives rather extensive coverage to the recent NRA v. Chicago, it gave no coverage at the time to Nordyke v ... of Chicago, et al., and Village of Oak Park, now pending in the Seventh Circuit, arguing that the individual right to bear arms recognized in District of Columbia v. Heller, ... Add that to the factors that Eugene notes (i.e., Nordyke was about a more obscure issue; NRA v. Chicago was about a much bigger-impact law) and it doesn't seem quite ...
Concurring Opinions - http://www.concurringopinions.com/
15 Jul, 2008 2:39 am by David M. Goldman
ATF Acting Director ATF Michael J. Sullivan released the following statement on the recent Supreme Court decision in District of Columbia et. al. v. Heller: "ATF is pleased with the Supreme Court's ruling recognizing that the Second Amendment protects an individual right to possess firearms, including for private purposes unrelated to militia operations. The court's ruling is in accordance with the text of the Second ...
NFA Gun Trust Lawyer Blog - http://www.guntrustlawyer.com/
17 Jul, 2008 9:10 pm by Doug B.
... transpired seems legally problematic. We now know, thanks to Justice Scalia et al., that Gilbert was right when he asserted (and sought to tell the jury) that the Second ... he was challenging the constitutionality of the law. The Supreme Court's recent decision in District of Columbia v. Heller, 554 U.S. ___ (2008), holding that the Second Amendment ... Scalia sells out felon gun rights, but on what basis exactly? The post-Heller litigation headaches (and judicial cut-backs) have begun Firearm sentence ...
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
10 Sep, 2007 10:01 am
... challenge criminal laws enforced by the city. In a cross-petition, Parker, et al., v. District of Columbia, et al., the five individuals argued that they had been wrongly excluded ... as 07-335.) Last week, D.C. officials appealed to the Court (District of Columbia v. Heller, docket 07-290), seeking to revive the local handgun control law ... directed against these five particular individuals, the Circuit Court said. (It found Heller had standing to sue, because he had sought a license to have a handgun, ...
SCOTUSblog - http://www.scotusblog.com/wp/
26 Nov, 2007 7:07 am by Lyle Denniston
... they are actually enforced. The case, Parker, et al., v. District of Columbia, et al. (07-335), is a companion to the District of Columbia's appeal on the scope of the Second Amendment "right to keep and bear arms." The city's appeal (District of Columbia v. Heller, 07-290), was granted last Tuesday, and is expected to be heard ... structure was put into storage during extensive renovation of the building. (Harris County v. Staley, 07-100) **Whether a police officer's claim of immunity to a civil ...
SCOTUSblog - http://www.scotusblog.com/wp/
9 Mar, 2007 11:30 am
... militia." The 2-1 ruling came Friday in Parker, et al., v. District of Columbia, et al. (Circuit docket 04-7041); it can be found in the All ... whether the Second Amendment even applies to the states, through the Fourteenth Amendment [Bach v. Pataki, 05-786].) It is commonly assumed that the new D.C. Circuit case ... pistol not registered. The majority found those clauses, too, to be unconstitutional, as restricting Heller's right under the Second Amendment to have a gun available for personal protection ...
SCOTUSblog - http://www.scotusblog.com/wp/
28 Jul, 2008 9:31 pm by Lyle Denniston
... Columbia gun law replacing provisions struck down by the Supreme Court. The complaint in Heller, et al., v. District of Columbia can be found here. (The case does not yet have a docket number in District Court.) The lawsuit contended that the D.C. City Council violated his Second Amendment right ... and by enacting new limits on when a gun in the home could be loaded and unlocked or disassembled. Heller and another resident, Absalom F. Jordan, Jr., asserted in the lawsuit that they had ...
SCOTUSblog - http://www.scotusblog.com/wp/
16 Jul, 2007 8:57 am
... law based on that view of the Amendment's reach. The case is Parker, et al., v. District of Columbia (Circuit docket 04-7041). On May 8, the Circuit Court ... majority's decision conflicts with the Supreme Court's decision in United States v. Miller, 307 U.S. 174 (1939), as Judge [Karen LeCraft] Henderson ... gun control law had a right to bring the lawsuit. That individual is Dick Anthony Heller, a special police officer who works at the Federal Judicial Center (home of the Administrative Office of ...
SCOTUSblog - http://www.scotusblog.com/wp/
20 Nov, 2007 10:02 am by Lyle Denniston
... an organized military force such as a state National Guard unit? The city of Washington's appeal (District of Columbia v. Heller, 07-290) seeking to revive its flat ban on private possession of handguns is expected ... The Court took no action on Tuesday on a conditional cross-petition, Parker, et al., v. District of Columbia, 07-335, an appeal by five District residents seeking to join in the case. The absence of any action may mean that the Court has decided not to hear that case. If that is so, ...
SCOTUSblog - http://www.scotusblog.com/wp/
20 Nov, 2007 11:32 am
... force such as a state National Guard unit? The city of Washington's appeal (District of Columbia v. Heller, 07-290) is expected to be heard in March -- slightly more than a ... action on Tuesday on a conditional cross-petition, Parker, et al., v. District of Columbia, 07-335, an appeal by five District residents seeking to join in the case. The absence ... answer in Heller. Both sides had urged the Court to hear the city's case, but they had disagreed over how to frame the Second Amendment issue. Here ...
Harmful Error - http://www.harmfulerror.com/
27 Jun, 2008 2:05 pm by Lyle Denniston
... by making it a crime to make, transfer or possess a semi-automatic assault weapon (Kelly v. U.S., 07-776), and it refused to hear an appeal by five Washington, ... take part in the challenge to the city's ban on handgun possession (Parker, et al., v. District of Columbia, 07-335). While the Court did not explain those ... case lost most of its significance when the Court on Thursday struck down the handgun ban in District of Columbia v. Heller (07-290). Among the other cases denied Friday was an appeal ...
SCOTUSblog - http://www.scotusblog.com/wp/
1 Jul, 2008 9:52 pm by Lyle Denniston
... of Columbia v. Heller (07-290), finding an individual right to have a gun for self-defense in one's home. The Chicago case, NRA, et al., v. City ... the Supreme Court. Morton Grove adopted its ban in 1981, five years after the District of Columbia adopted the handgun ban that the Supreme Court has just struck down. The ... the federal government - relying upon the Supreme Court's 1894 decision in Presser v. Illinois. The Circuit Court rejected arguments in that case that Presser was no longer good law ...
SCOTUSblog - http://www.scotusblog.com/wp/
22 Apr 3:38 pm by Lyle Denniston
... a year after the Supreme Court's landmark ruling on gun rights in District of Columbia v. Heller, the Justices could soon be faced with one of the most significant issues left ... the Ninth Circuit Court's decision last Monday in Nordyke, et al., v. King, et al. (Circuit docket 07-15763). (The Ninth Circuit ruling ... Nordyke case might provide the Supreme Court with an opportunity to answer additional questions about Heller's meaning and scope. None of this, however, would be resolved during the Court' ...
SCOTUSblog - http://www.scotusblog.com/wp/
9 Jun 1:55 pm by Lyle Denniston
... Rifle Association filed a separate appeal raising the same issue (NRA, et al., v. City of Chicago, docket 08-1497). It is doubtful that the Court will consider the two ... Supreme Court in its Second Amendment ruling last June in District of Columbia v. Heller (07-290). The Heller decision, however, applied only to laws enacted by Congress ... Chicago's handgun ban must meet the same fate as that which befell the District of Columbia's former law." Part of their argument is that the Justices should step ...
SCOTUSblog - http://www.scotusblog.com/wp/
17 Jul, 2007 12:09 pm
... oppose. Without an extension, the petition would be due Aug. 6. The case (District of Columbia, et al., v. Heller, et al.) involves a March 9 ruling by the D.C. Circuit striking down parts of the city's handgun control law as a ... under the Second Amendment." The issues to be raised, the city said, "involve fundamental questions of how the Second Amendment should be interpreted and applied to the District's longstanding legislative judgment on how best to protect District citizens from ...
SCOTUSblog - http://www.scotusblog.com/wp/
18 Jul, 2007 8:25 pm
... Thursday a.m. Chief Justice John G. Roberts, Jr., on Wednesday gave the District of Columbia government an extension of time until Sept. 5 to file its appeal challenging ... extension of the time to file the city's petition in the case of District of Columbia, et al., v. Heller, et al. (extension application 07A51). The city argued that it had ... recently decide actually to appeal the case. Quoting a 1957 order of the Court (Brody v. U.S.), the local gun owners said Justice Frankfurter had remarked: ...
SCOTUSblog - http://www.scotusblog.com/wp/
6 Feb 3:27 am by David Gans and Doug Kendall
Back in December, we blogged here that the Supreme Court's decision in District of Columbia v. Heller would lead to momentous incorporation question, and could open the door to the ... of McDonald, et al., and National Rifle Association of America, Inc., et al., v. City of Chicago, et al., and Village of Oak Park, arguing that right to keep and bear arms recognized in Heller is "incorporated" against state action via the Privileges or Immunities Clause of the Fourteenth Amendment. CAC's "friend of ...
Balkinization - http://balkin.blogspot.com
13 Jun 2:27 pm by Lyle Denniston
... new briefs strongly urging it not to rehear en banc the case of Nordyke, et al., v. King, et al. (docket 07-15763), and one brief that is lukewarm on ... Justices mentioned but did not decide in their rulng last Term in District of Columbia v. Heller, recognizing the new individual right "to keep and bear arms" ... suggested, it should uphold the Second Amendment finding and send the case back to the District Court to gather further facts on whether all county properties are places where introducing ...
SCOTUSblog - http://www.scotusblog.com/wp/
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