Blogs

Another update on the concealed-weapons permit case, Peruta v. County of San Diego. The Ninth Circuit held en banc rehearing this week. Panel consisted of Chief Judge Thomas, and Judges Pregerson, Silverman, Graber, McKeown, Fletcher, Paez, Callahan, Bea, Smith, and Owens. Chief Judge Thomas dissented from the original three-judge panel opinion, authoried by Judge O’Scannlain and joined by Judge Callahan.

The video of argument is available on the Ninth Circuit’s website. Several pointed questions from Judges seem to suggest skepticism about the three-judge panel’s broad interpretation of the Second Amendement and District of Columbia v. Heller.

Former Solicitor General Paul Clement argued for Peruta, fueling speculation that this case, whatever the outcome, is ripe for review by the Supreme Court.
 

* This blog post was originally published in IMLA Appellate Practice Blog, February 23, 2015. Republished with permission. Visit www.imla.org/blog to read additional IMLA Appellate Practice Blog posts and to subscribe by email.