Seegars Update

The Seegars plaintiffs have petitioned the Supreme Court for a hearing. The Supreme Court has not yet responded, but the response is due October 21st. Here's the docket. I'll be keeping a close eye on this.

Roberts may or may not be able to participate in this case. He was on the DC Appeals Court when it was heard by a panel of judges there, and voted in favor of rehearing the case en banc. That vote failed, but the fact that Roberts voted in the case might be enough. He has already recused himself from participating in the DC v Beretta case, which was heard en banc; however, the decision to deny cert to that case came down on his first day with the Court and he might well have decided he was not familiar enough to participate.

If Miers is confirmed in time, she could presumably participate in the case itself. However, participating in the decision for or against cert is going to depend on the timing of the confirmation process and probably will not be fast enough.

Posted on 2005-10-08 11:35:18.0 by matthew@triggerfinger.org

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