Tuesday, February 08, 2005
Howard
points to a DC federal circuit case dismissing a second amendment case on standing grounds. Halbrook as counsel. If I understood right, a large number of states joined as amici in support of plaintiffs. That would be an interesting brief to read.
The standing analysis was wrong, but plaintiffs could easily cure that and refile.
I think what the case suggests is that after Emerson, second amendment issues are going to be litigated, and the Supreme Court will have to step in. I don't think this court is prepared to uphold Emerson, but to at least reach the issue would be important.
This won't happen right away, I'd say in the next five or ten years.
points to a DC federal circuit case dismissing a second amendment case on standing grounds. Halbrook as counsel. If I understood right, a large number of states joined as amici in support of plaintiffs. That would be an interesting brief to read.
The standing analysis was wrong, but plaintiffs could easily cure that and refile.
I think what the case suggests is that after Emerson, second amendment issues are going to be litigated, and the Supreme Court will have to step in. I don't think this court is prepared to uphold Emerson, but to at least reach the issue would be important.
This won't happen right away, I'd say in the next five or ten years.
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