Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: robertpaulsen

Well, there's been varied and thorough rebuttals of the tortured logic that the Ninth Circuit applied in their dicta on the Silveira case by people whose expertise far exceeds mine, including the justices of the Fifth Circuit Court of Appeals, as well as some of the judges of the Ninth Circuit.

Maybe if I feel inclined I'll cite it for you at some point, but not right now, at 11:30pm.

In the meantime, though, I'll simply take solace in knowing that the Ninth Circuit is the most frequently-overturned appeals court in the nation, and that the petition for writ of certiaori in the Nordyke case is pending before the US Supreme Court and should be decided on by Christmas-time.

If granted, we'll all be able to attain a final resolution of this question so we won't have to waste any more time and bandwidth arguing about it.


327 posted on 07/31/2004 8:35:24 PM PDT by mvpel (Michael Pelletier)
[ Post Reply | Private Reply | To 324 | View Replies ]


To: mvpel
The 5th Circuit dicta in Emerson was the inspiration for Reinhardt's written diatribe. And yes, I am very familiar with the 9th's reputation. But the USSC will be looking at these cases when coming to some decision on the second amendment so, in that respect, they're damaging.

Not only the 9th argued for the "collective right" interpretation -- it was just the most recent and most memorable.

"and that the petition for writ of certiaori in the Nordyke case is pending before the US Supreme Court"

Are you saying that the 9th refused to hear it en banc?

329 posted on 07/31/2004 9:00:13 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 327 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson