Not too shocking: an en banc Ninth Circuit U.S. Court of Appeals dodged the bullet in a controversial gun control case.
The appeal in Nordyke v. King has been contentious. First, a three judge panel upheld an Alameda County gun control ordinance, which prohibited firearms in sensitive public places, and put the kibosh on a gun show at the county fairgrounds. But the judges still found that the Second Amendment should apply broadly, to states. It’s a controversial position long opposed by gun control advocates, but embraced by the likes of attorney general and gubernatorial candidate Jerry Brown (free reg. req.).
The panel opinion brought a successful en banc vote, and an oral argument (free reg. req.) was held last year. Then the case sat for months. Finally, the U.S. Supreme Court recently applied the Second Amendment to states in McDonald v. Chicago, vindicating Brown’s position. Off the hook, the Ninth Circuit ordered the case back to the panel, rather than taking a full en banc whack itself.