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Wednesday, June 03, 2009

Ind. Decisions - More on: 7th Circuit rules on Illinois municipalities' ban on handguns

Updating yesterday's ILB entry is this story today by Tony Mauro of the National Law Journal, headlined "7th Circuit Ruling Agrees With Sotomayor on Second Amendment." Some quotes:

The 7th U.S. Circuit Court of Appeals on Tuesday ruled that the Second Amendment right to bear arms cannot be held to restrict state gun control laws until the Supreme Court rules that the right applies to the states.

As a result, the ruling in National Rifle Association v. Chicago will likely give Supreme Court nominee Sonia Sotomayor some much-needed political cover against criticism of a similar Second Amendment ruling she joined in on the 2nd Circuit earlier this year, Maloney v. Cuomo. In that case, using the same reasoning, the 2nd Circuit panel upheld a New York ban on numchucks, weapons made of two bars joined by a cord. Tuesday's ruling by 7th Circuit Chief Judge Frank Easterbrook specifically states, "We agree with Maloney." Judge Richard Posner, like Easterbrook a leading conservative on the court, joined the ruling as did Judge William Bauer. * * *

The ruling Tuesday deepens a circuit split on the issue that will almost certainly draw the attention of the Supreme Court. While both the New York and Chicago rulings go against incorporation, the 9th Circuit's decision April 20 in Nordyke v. King did apply the Second Amendment to the states. Nordyke is under consideration for en banc review. Petitioners in the New York case, now titled Maloney v. Rice, have until June 29 to file their appeal to the Supreme Court. If that is the case the Court agrees to review to resolve the split, and if Sotomayor is confirmed as a justice, custom would keep her from participating because she ruled on it below. But if another case becomes the vehicle for the next major Second Amendment ruling, she could join in.

Posted by Marcia Oddi on June 3, 2009 08:57 AM
Posted to Ind. (7th Cir.) Decisions