DC Gun Case
The attorney’s blog reports they have filed a conditional cross-petition. I don’t know what that means but it appears as though the standing issue may be addressed again.
Remember, I do this to entertain me, not you.
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September 11th, 2007 at 9:06 am
Here’s something I hadn’t considered: Is it possible that SCOTUS could vacate the decision and remand it for further hearing based on standing, without actually deciding to hear the case?
That would be the worst of all possible worlds, wouldn’t it? It would essentially uphold the 9th’s Hickman decision – nobody has standing to sue because individuals aren’t states.
September 11th, 2007 at 8:17 pm
Possible, but unlikely. It may delay ruling on the Second Amendment issue until the standing issue is resolved, however. Or it could rule on the two separately, effectively setting up Heller to decide if there is a Second Amendment or not, and the other plaintiffs (assuming they ultimately prevail on standing) to decide whether that right also precludes “safe” storage laws of long guns.