20090921

Gets me to wondering

Dave Hardy notes that this week will be interesting for Supreme Court handling of cases that bear on the RKBA.

Thursday, the Ninth Circuit rehears Nordyke en banc. The following Tuesday, the Supremes vote on whether they'll grant cert to the Chicago cases.

Is not the Nordyke rehearing public, therefore covered by the media? I wonder whether the Supremes will, discreetly, read transcripts of the Nordyke hearing, and would Nordyke, in turn, influence any Justices to hear or not hear the Chicago cases? Nordyke, after all, contains in dicta an argument that the Second is incorporated upon the States.

Have we been in similar circumstances before, where a Circuit is hearing (or rehearing) a case that bears very directly on another case for which the Supreme Court is weighing cert?

"Interesting times" indeed. Civil rights era? Abolition of slavery? Hell, even abortion?

Rather concise

David Bernstein, at the ever-relevant VC:

The Supreme Court, institutionally, does not like to be exposed on controversial issues without any support from the political branches. The most ideological Justices (e.g., Thomas) may not care, but the swing voters do.


That kinda cinches it.

Update: Ilya Somin weighs in.
The most ideologically committed justices (e.g. - Thomas) might be willing to take the risk. But the moderates won't.


Then what's the purpose again of lifetime appointment and all the other bennies that come with the Supreme Court appointment?

Dude, where's my independent judiciary?