The Supreme Court will consider two petitions growing out of the Second Amendment dispute over a District of Columbia ban on private possession of handguns at its Conference on Nov. 9, according to the Court’s electronic docket on Wednesday.
The two cases are the city’s appeal — District of Columbia v. Heller (07-290) — challenging a D.C. Circuit Court ruling last March striking down the handgun ban under the Second Amendment, and a cross-petition by five city residents — Parker v. District of Columbia (07-335) — seeking to join in the case to add their own legal complaints about the city gun control law.
Because the two sides have framed the Second Amendment question in different ways in their papers in 07-290, it is conceivable that, should the Court grant review, it might choose to rephrase the issue itself.
The earliest that an order on the fate of the two cases would emerge is probably Tuesday, Nov. 13. The case, if granted, would probably be heard in February or March.
Lyle Denniston
Reporter, SCOTUSblog
Justices to consider gun case Nov. 9
October 24, 2007, 12:04 PM
[Interesting. If the two cases are combined does this mean the decision might be much broader than we have sometimes speculated? If so then even more interesting times are ahead of us no matter which way the ruling goes.–Joe]
It’s not really two cases being combined. The other plaintiffs in Parker were dismissed from the case for lack of standing, including Parker herself, which is why it’s now DC v. Heller. They are petitioning The Court to reconsider the standing issue and let them back in on the case.
You are correct, I misstated that.
Here’s an interesting followup, found by Rob Allen (http://blog.robballen.com/archive/2007/10/25/Who-needs-rights-anyway.aspx)
http://www.concurringopinions.com/archives/2007/10/gun_control_and_1.html
“the primary functions of the law as it’s used by prosecutors in DC: the gun ban is both a preventive detention statute and an intelligence-gathering tool”
Read the whole thing.