Seegars v Gonzalez: Government's opposition to rehearing...
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A few months ago I posted commentary on the petition for rehearing in Seegars v Gonzalez. That petition followed the decision
by the DC Court of Appeals. If you're having trouble keeping
track, well, so am I... at any rate, the way we left the case, the
ruling from the three-judge panel was unfavorable, but still left us
better off than the ruling pre-appeal. (It's better to lose on a
technicality that lets the court dodge the issue than to lose on the
merits and set even more unfavorable precedent for the 2nd
Amendment). The petition requests a hearing en banc (that
is, before all the judges on the appellate court), and of course the
government has the opportunity to respond and argue against such a
hearing; that response is what I will be commenting on. The government's arguments are, in brief:
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