Thursday, February 13, 2014

Peruta v. County of San Diego (9th Cir. - Feb. 13, 2014)

It's not that I don't appreciate Judge O'Scannlain's 77-page majority opinion.  Or the dissent of Judge Thomas, which runs the case to a full 127 pages.  They're both exhaustive.  They're both coherent.

Each articulates a distinct view of the Second Amendment.  Judge O'Scannlain holds that San Diego can't require "good cause" in order to grant a permit to carry a concealed weapon.  Judge Thomas disagrees.  There are lots of amici on both sides.

Regardless, take a look at these 127 pages while you can.  Because they're not going to last in published form for long.  This case is going en banc.  Where -- as here -- the draw will definitely matter.

Even if the case didn't go en banc (which it will), the opinions still wouldn't last.  Judge O'Scannlain expressly disagrees with the holdings of the Second, Third and Fourth Circuits.  So creates a circuit split.  In a high-profile case.  The Supreme Court would step in even if the en banc court didn't.

Which it will.  And should.