Fine, I stand corrected! Whether it’s 1923 or 1967, it’s still been the law for a long time. Just keep a good thought that none of the 9th Circuit judges decide to put Peruta v. San Diego through an en banc. The operative date is December 4, 2014. After that date if there are no internal challenges, Peruta becomes controlling and the only path Harris has is an appeal to the SCOTUS. BTW, if you haven’t taken the time to read Peruta, you should. These two judges who wrote it did an excellent job and it will be hard for the SCOTUS to ignore their writings.
Yes, Peruta is very well written.
I have read that two other cases that relied on Peruta can ask for an en banc hearing.
One is Prieto, another sheriff, and the other is Baker, concerning Hawaii.