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DC v. Palmer (DC Carry) Update


05FLHT

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This was originally posted by Gene Hoffman on Calguns -

 

DC v. Palmer (DC Carry) Update

A long time ago, in a land far, far away, Alan Gura, Tom Palmer, SAF and friends filed a complaint against DC about their complete ban on carrying a firearm. Specifically they filed on August 6, 2009, which is only a couple of months after we all filed the Sykes, now Richards complaint with them. Cross motions for summary judgement were filed in September of 2009 and oral argument on those motions in front of Judge Henry Kennedy took place in January of 2010.

 

18 months later... This morning the Chief Justice of the US Supreme Court reassigned Palmer v. DC to Senior Judge Frederick Scullin who is sitting in DC by designation from the 2nd Circuit District Court in New York. The next step is a chambers hearing July 22. Also today, Palmer et. al. filed a notice of supplemental authority based on Ezell.

 

-Gene

 

This is a link to the thread. There are several links within the post itself. http://calguns.net/calgunforum/showthread.php?t=457017

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After a year and half of a judge possibly stalling on this case, it is great to see some movement!!

 

It's also encouraging that Roberts picked the judge to preside over this case.

 

The cracks in the damn are showing. More than likely it will be sooner, rather than later, that it busts wide open.

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I suspect this is just an administrative issue more than anything else. Judges have cases reassigned now and then just due to overwork.

 

I don't know if the federal courts handle it this way, but often retired judges are used to fill in when judges get overburdened and need help. I never knew this until a guy who I shoot with who is a retired judge from another county got called upon to work as a judge temporrarily in my county due to the workload of the judges here.

 

That may be all there is going on. I would not read a lot into it beyond that. It does seem odd that such a case would be pulled from a judge who has been working on it for this long. It is a much more complex case then we give it credit for being though, and it may be the original judge is just swamped and cannot give it the attention it deserves.

 

Or he may have been stalling, or sick, or who knows what. He would not be the first judge to sit on a case this long wthout making a ruling. I had previous supposed maybe he was waiting to see what happened in other cases.

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