"Wednesday, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday's decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments."
"The Seventh Circuit got it wrong. As the Supreme Court said in last year's landmark Heller decision, the Second Amendment is an individual right that 'belongs to all Americans'. Therefore, we are taking our case to the highest court in the land," said Chris W. Cox, NRA chief lobbyist. "The Seventh Circuit claimed it was bound by precedent from previous decisions. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. Alameda County, which found that those cases don't prevent the Second Amendment from applying to the states through the due process clause of the Fourteenth Amendment."
Comments (1)
There are other similar challenges traveling up, one is on Balken's site today.
The doctrine of minimalist ruling at the Supreme Court level is understandable until one takes issues such as these into account.
How many years and bills passed before the reasonable application of an individual's right is enforced in favor of the individual.
At 100 cases a year, it could be another 20-30 years before this is done. Given the temporal distance between miller and heller, it could be longer but I don't want to lend the appearance of alarmist static.
Anyway, carry on.