Short Circuit 187 | How Binding Is Your Dicta?
The Third Circuit allowed a Second Amendment case challenging Robinson Township’s new zoning ordinance to proceed. Did they town change their zoning laws just to prevent a gun club from fulling opening? Possibly, we’ll have to wait and see. But in the meantime, Andrew Ward walks us through this decision exploring just which level of scrutiny applies to Second Amendment challenges. And there was a very colorful dissent in the Ninth Circuit from Judge VanDyke. Patrick Jaicomo explains this dissent and its problems with the Ninth Circuit’s binding dicta rule.
Drummond v. Robinson Township: https://www2.ca3.uscourts.gov/opinarch/201722p.pdf
Ford v. Peery: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/18/18-15498.pdf
IJ’s Conference on the Will of the People: https://ij.org/event/does-the-will-of-the-people-actually-exist/
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