Judge Silberman warns DC on the Parker case

UPDATE: This post is pretty important. Some basics: Only DC can appeal the circuit court decision because they lost at that level. A Supreme Court decision is necessary to make the ruling binding on the whole country.

ORIGINAL: From Bob Levy: "Yesterday the DC Circuit granted DC's unopposed motion to stay the mandate in the Parker case until August 7, the deadline for a cert petition. In an extraordinary statement (see attached), Judge Silberman warned DC that it would have been inappropriate to request a stay if DC did not intend to file for cert."

Sliberman, Senior Circuit Judge: Although the District's motion for stay only indicates it "may" petition for certiorari, since appellants did not object, I assume it is understood that the District intends to petition for review in the Supreme Court. If it did not so intend, in my view, it would be inappropriate for it to have sought the stay."

There are rumors floating around DC that DC and the gun control groups getting cold feet and believe that they will lose if they go to the Supreme Court. A couple of different people told me about this last night at the annual CEI dinner. My own guess is that if DC doesn't appeal after making so much noise about doing just that, gun control groups will suffer a serious black eye and will be taunted with that decision for years. For them not to go forward, they must be really worried about suffering a very serious loss at the Supreme Court.

UPDATE: More on the Parker Case:

Another piece of intel on Parker:

Just now I heard DC's mayor, interviewed on the local NPR show for the last hour, say the following re: the Parker decision:

1) he represents DC, and "the community" wants him to appeal
2) it would be bad precedent for the circuit court decision "that makes no sense" to stand without challenge in the US
3) there may be a risk to NYC and Chicago, Boston, etc. laws if a pro-2A ruling happens at USSC, but "he has to do what's best for DC"
4) BUT he said he was still weighing the options, and should be announcing a final decision on what DC is doing in the next few weeks.

The discussion was in the last ten minutes of the KoJo Nnamdi show, linked here:

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Blogger Hyunchback said...

I'd like to think that the majority opinion in a USSC ruling would declare gun bans illegal.

There is precedent in places other than Miller. That being the majority opinion in Dred Scott which held that the Second Amendment gave a citizen the right to carry arms anywhere.

This obeservation was not brought forth in Miller, but that case really had no one arguing FOR the plaintiff present, did it?

Whereas the Left wants to observe precedent so that the USSC does not overturn Roe v Wade then it is going to have a very tough time explaining how precedent must be overturned to preserve gun bans.

The Dred Scott decision was not overturned. The 14th Amendment enshrined the rights of blacks. It did not remove the 2nd Amendment nor observation of it in the Dred Scott case.

5/25/2007 11:03 PM  
Anonymous Anonymous said...

Without regard to what the District decides to do, is there any reason why the 5 Parker plaintiffs who were dismissed on standing grounds would not be able to apply for cert?

5/26/2007 12:27 AM  
Blogger Kris said...

I am not sure, but it might be ironic when someone says that they are doing what is best, tries to do what is worst, fails at doing what is worst and thereby actually accomplishes what is best.

5/26/2007 11:37 AM  
Blogger John Lott said...

Dear Anonymous:

Sorry. Only the loser of the lower court decision can appeal. At the Appeals court level DC lost.

5/26/2007 3:03 PM  

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