Free Republic

Nordyke v. King -- which has been pending for 13 years now -- has a petition for cert. pending before the Supreme Court. Because the odds of granting cert. are low, the responding parties often waive their right to file a brief opposing the petition. Alameda County did just that -- but today the Court ordered them to respond. Prof. Volokh just emailed a reference to a law review article that notes that an order of that type raises the odds of cert. being granted by a factor of four -- from 4% to 16%. So Nordyke *may* be the...

San Carlos, CA --(Ammoland.com)- In an astonishing eleventh-hour about-face, the County of Alameda’s “sweeping concessions” in open court to allow gun shows at the Alameda County Fairgrounds was accepted by the Ninth Circuit in its opinion for Nordyke v. King, released on Friday. As was noted in a concurring opinion by Circuit Judge Diarmuid O’Scannlain, the County’s representation at oral arguments that Plaintiffs could, in fact, now hold gun shows at the Fairgrounds, “change the game.” “While it’s certainly fantastic that the Nordykes are once again able to have gun shows on Alameda County property, it’s clear to us that...

The final chapter of a trailblazing Second Amendment lawsuit appears to have been written. Yesterday a full panel of the United States Court of Appeals for the 9th Circuit issued its decision in Nordyke v. King, upholding an Alameda County, California gun control ordinance regulating gun shows at the county fairgrounds. The case first originated more than a decade ago when gun show promoters Russell and Sallie Nordyke filed a Second Amendment challenge against the county’s 1999 ban on the possession of firearms on county-owned property, a law enacted primarily to prevent any guns from being sold at the fairgrounds....

t’s a centuries-old debate: Whether people should be able to own guns, what kind, how many, and under what circumstances. Gun shows are a part of that debate. A case being heard by the federal Ninth Circuit Court of Appeals was brought by a couple named Russell and Sallie Nordyke, who want to host guns shows in Alameda, Marin, and San Mateo counties. Currently, those counties ban gun shows. At issue is whether people have the right under the Second Amendment to the U.S. Constitution to sell guns whenever and wherever they want. The Nordykes claim that local governments don’t...

A federal appeals court on Monday once again decided to weigh in on an epic 12-year-old gun rights showdown over an Alameda County ordinance banning guns and ammunition on public property. In a brief order, the 9th U.S. Circuit Court of Appeals agreed to rehear a legal challenge to the 1999 law, which restricts gun shows on county property, including Alameda County's fairgrounds. The order, which calls for an 11-judge 9th Circuit panel to hear the case, wipes out a ruling last May by three 9th Circuit judges who unanimously agreed to uphold the legality of the ordinance.

NEW YORK – Newly unearthed information about Hawaii's procedure for numbering birth records at the time Barack Obama was born casts further doubt on the authenticity of the short-form and long-form birth certificates published online with the president's authority. Details about the registration procedure are significant, because some analysts have wondered how Obama could have been issued a registration number that is higher than the numbers of the published birth certificates of Susan and Gretchen Nordyke, which were registered three days later than the president's. But a 1955 article by Charles Bennett, Hawaii's registrar general in 1961, and George Tokuyama,...

WAS OBAMA GIVEN A CERTIFICATE NUMBER WHICH HAD BELONGED TO SOMEONE ELSE? by Sharon Rondeau In June, The Post & Email solicited funds for its Legal Defense Fund for a specific research project focusing on details and discrepancies surrounding Obama’s alleged birth in Hawaii. Many of our readers were very generous with their donations, including one who put forth a “matching grant” challenge which was met and even surpassed. With the help of a private donor, The Post & Email was able to fund an investigative journey to Hawaii for an experienced researcher. The results of the investigation follow in...

The Ninth Circuit Panel in Nordyke v. King Seems Open to Reconsidering Its Earlier Decision About the Second Amendment and Gun Shows In 2009, a Ninth Circuit panel held (in Nordyke v. King) that the Second Amendment was incorporated against the states, but concluded that a ban on gun possession on county property was nonetheless constitutional. The Ninth Circuit then agreed to rehear the matter en banc, but then suspended its consideration of the case while it waited for the Supreme Court to resolve the incorporation question in McDonald v. City of Chicago. Following McDonald, the Ninth Circuit sent the...

Dear Mr. Farah, I am a financial supporter of WND and would like to suggest that someone from your staff conduct an interview with Mrs. Nordyke from HI. She recently had a phone interview with a liberal news agency and the ensuing article was cleverly written in such a way to lead believers to the conclusion that Mrs. Nordyke's twins, who were born one after Obama in HI, purportedly at the "same hospital as Obama", was a fact. Ironically, Mrs. Nordyke (who has posted LONG FORM BIRTH CERTIFCATES of both of her twins born on Aug 5,1961) never actually stated...

U.S. House candidate Chris Nelson earlier this week dismissed “birther” statements attributed to him and said he believes Barack Obama is a natural-born U.S. citizen and the legitimately elected president of the United States. So does Eleanor Nordyke — and according to her, she should know. Nordyke, 82, of Honolulu, Hawaii, says that on Aug. 4, 1961, she was in labor with her twin daughters Susan and Gretchen at Kapiolani Maternity and Gynecological Hospital — the same place Barack Obama was being born. The hospital has since been renamed Kapi’olani Medical Center for Women and Children. “Birthers” is the term...

En banc arguments in a controversial gun rights case were animated Thursday, but don't be surprised if the 9th U.S. Circuit Court of Appeals sits on this one for awhile. A federal appellate court in Chicago said in June that the Second Amendment should not restrict state gun control laws until the Supreme Court rules that the right binds the states. The high court is scheduled to make up its mind next week about whether to grant cert. "That may well give us an answer, and there would be no need for us to decide this case," 9th Circuit Judge...

The above link is to the audio of the en bank rehearing by the 9th Circuit of Nordyke v. King, a California case dealing with whether the federal individual Right to Keep & Bear Arms should be incorporated against the States. This argument took place just this morning. I don't pretend to know all the facts & procedural history of this case, but what looks to be a good summary is provided by the CalGuns Foundation here.

A federal appeals court in San Francisco on Thursday will confront America's next big gun rights question: Whether or not the Second Amendment prevents state governments from enacting anti-gun laws. The U.S. Ninth Circuit Court of Appeals will hear oral arguments in a case that's likely to decide whether the Bill of Rights' guarantee of a right to "keep and bear arms" restricts only the federal government and the District of Columbia -- the current state of affairs -- or whether it can be invoked to strike down intrusive state and local laws too. In an earlier ruling in April,...

(IStockPhoto) A federal appeals court on September 24 will hear a high-profile gun rights case that's a leading candidate to end up before the U.S. Supreme Court. The U.S. Ninth Circuit Court of Appeals is likely to decide whether the Second Amendment's guarantee of a right to "keep and bear arms" restricts only the federal government -- the current state of affairs -- or whether it can be used to strike down intrusive state and local laws too. A three-judge panel ruled that the Second Amendment does apply to the states. But now a larger Ninth Circuit panel will rehear...

The 9th U.S. Circuit Court of Appeals just agreed to host another shootout over gun rights. The court decided Wednesday to review en banc a panel ruling that had significantly broadened Second Amendment protections by applying them to state and local governments. This holding, arrived at by Judge Diarmuid O'Scannlain, is at odds with other rulings from around the country -- including one penned by 2nd Circuit Judge Sonia Sotomayor. The 9th Circuit panel had still upheld an Alameda County, Calif., ordinance that forbids a gun show at a public fairground. Thus neither side had asked for en banc review....

The Supreme Court already has two cases it could use for a new look at the scope of gun rights under the Second Amendment, another case is on the way, and now, perhaps before long, there could be a fourth. The Ninth Circuit Court has received new briefs strongly urging it not to rehear en banc the case of Nordyke, et al., v. King, et al. (docket 07-15763), and one brief that is lukewarm on the subject, saying only that further — but only partial — review “would be useful.” Each of the cases now at the Court or on the way...

·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683 National Rifle Association Files Suit Against Restrictive San Francisco Gun Ordinance Wednesday, May 20, 2009 Fairfax, Va. --- The National Rifle Association, the San Francisco Retired Police Officers Association, and a group of San Francisco residents filed a Second Amendment lawsuit in federal court last Friday seeking to invalidate the San Francisco ordinance that requires all residents to store their handguns in a locked container or disabled with a trigger lock. “Time and again, we see city governments attempt to strip their citizens of basic self-defense rights, and NRA will work tirelessly...

In a peculiar but not unprecedented turn of events, an anti-gun control plaintiff lost his case, last month's Nordyke v. King(pdf), but nonetheless managed to elicit a groundbreaking pro-gun rights declaration from the Ninth Circuit Court of Appeals.In deciding that it was OK for California’s Alameda County to bar the possession of guns on county property—a law that quashed a gun show that had long been held on county fairgrounds—the Ninth Circuit affirmed that the Second Amendment does control state and local actions as well as federal ones. That was a step farther than last year's decision in District of...

Last June, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects an individual’s right to keep and bear arms, at least in the home for self-defense.  Here’s our own Bob Levy, who masterminded the Heller litigation, talking about that decision: While the Court’s ruling was a watershed in constitutional interpretation, it technically applied only to D.C., striking down the District’s draconian gun ban but not having a direct effect in the rest of the country.Well, today the Ninth Circuit (the federal appellate court covering most Western states) ruled that the Second Amendment restricts the power of state...

Mr. Edmund G. Brown, Jr., Attorney General California Department of Justice PO Box 944255 Sacramento, CA, 94244-2550 SUBJECT: 9th Federal Circuit Court Ruling on Nordyke v. King – Impact to California Law April 20, 2009 the United States 9th Circuit Court of Appeal rendered its opinion on Nordyke v. King. (http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf) As of that date, the 2nd Amendment to the United States Constitution is found to be incorporated against the states, including California, which is within the jurisdiction of the 9th Circuit. The California Department of Justice must now cease and desist from enforcing any and all state legislative enactments...