Where is this case now? has DC appealed to the court En Blanc? or are they still counting noses? I haven't heard anything since the three judge panel ruled.
Printable View
Where is this case now? has DC appealed to the court En Blanc? or are they still counting noses? I haven't heard anything since the three judge panel ruled.
I think the District of Columbia has yet to file their appeal; the courts are notoriously slow. Eugene Volokh describes a possible timeline for the case.
Didn't they only have 30 days to appeal? I haven't heard anything either.
According to an article from the Washington Times, Mayor Fenty is going to have the ruling appealed to the Circuit Court en banc.
Does Parker have a legal defence fund?
Here's a link to the official release from the Fenty Administration.
What: Petition for Rehearing En Banc the US Court of Appeals for the DC Circuit in Parker v. District of Columbia
When: April 9, 2007 at 10:30 am
Where: US Court of Appeals DC Circuit Court, 333 Constitution Avenue, NW
Here's a link to the District's appeal for rehearing en banc: www.wtopnews.com/docs/parker_rehearing_petition.pdf
In order for an en banc hearing to occur, the majority of the judges on the DC Circuit Court Of Appeals would need to vote in favor of it. [source]
BTW, it is notable that Judge Henderson's dissent does not adopt the full-fledged collective-rights interpretation; instead, she dismisses the question as "academic" and argues that the right guarenteed by the Second Amendment (whatever it is) applies only to citizens of the several states (and not citizens of federal districts or territories).
Eugene Volokh produces further evidence that Henderson's notion is flawed, and that "state" in "free state" means "sovereign government", not "one of the several states of the union". He cites an item in the Journal of the Virginia House of Burgesses (1757) that says "a well regulated Militia is the true and natural Defence of every free State". In 1757, Virginia was still a colony of Great Britain, not a state of the United States (which wouldn't exist until several decades later).
Here is another link from the Washington Post
http://www.washingtonpost.com/wp-dyn...?nav=rss_metro