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http://www.calguns.net/calgunforum/showthread.php?t=185619
A 9th Circuit judge (unknown which one)has initiated this rare request only three times in 9th Circuit Court history where neither party to the case has requested further review of the decision.
If Nordyke is accepted for en banc review then the decision now holding the 2nd A. is incorporated is suspended until the full courts decision. This has the potential to set back or destroy current 2nd A. litigationhowever it could also result in a stronger decision.
http://www.calguns.net/calgunforum/showthread.php?t=185619
Nordyke: 9th Request en banc Briefing
All,
Late the afternoon of Monday May 18th, the 9th Circuit informed all parties in Nordyke that a judge of the 9th Circuit has has called for a vote to determine whether the case will be reheard en banc. Both sides have 21 days from the 18th to file briefs on whether the case should be heard en banc.
Neither side requested en banc, but the court independently has. This case could go en banc, but it still requires a vote of the active judges after the briefs are in.
Nordyke is the law of the circuit unless and until the 9th votes to take it en banc.
-Gene
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Gene Hoffman
Chairman, The Calguns Foundation
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Opinions posted in this account are my own and not the approved position of any organization.
A 9th Circuit judge (unknown which one)has initiated this rare request only three times in 9th Circuit Court history where neither party to the case has requested further review of the decision.
If Nordyke is accepted for en banc review then the decision now holding the 2nd A. is incorporated is suspended until the full courts decision. This has the potential to set back or destroy current 2nd A. litigationhowever it could also result in a stronger decision.