Thursday, September 24, 2009

Nordyke vs. King Oral Arguments

Audio link here.

Favorite exchange (paraphrasing) at 36-37 minutes:

Judge: Are you aware that your own Attorney General has submitted an amicus brief to the U.S. Supreme Court calling on them to incorporate the Second Amendment so that it applies to state and local governments? Do you disagree with your own state's Attorney General?

Ms. Weaver: Yes, yes, I do.

Judge: I won't tell him when I see him.


Ms. Weaver: He might find out somehow.

Judge: I don't think he cares one way or the other.

[more laughter]

It seemed to go well for the pro-Second Amendment side, to my ear. The judges asked much more penetrating and skeptical questions of Alameda County's lawyer (Weaver). She had a very tough time articulating why the county fairgrounds were a "sensitive place" as mentioned in the Heller decision. For example, she mentioned several times that a "shoot-out" once took place at the fairgrounds, but later pointed out that it was not during a gun show.

At another point (56:45), Weaver pointed out that the county would have no objection to a gun show at the fairgrounds where the guns were kept in locked cases, and could not be handled, bought or sold. One of the judges then said, "Well, wouldn't that be like going to a restaurant for breakfast where all the food was kept in display cases and you couldn't eat any of it?"

I would say that, based on the oral arguments, incorporation took a small step forward today.

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