A major victory for the good guys, of which Ted has a discussion at Point of Law. I would add that Mayor Bloomberg and other promoters of the gun litigation should take very little comfort from Judge Katzmann’s dissent, which is based on two themes — that the majority could have decided the case without reference to constitutional analysis, and that it could have certified the case to the New York courts for an authoritative account of local law — that in no way imply any endorsement of the city’s case on the merits. (Larry Neumeister, AP/SFGate, Apr. 30).
More from Hans Bader: “The Brady Center to Prevent Gun Violence has claimed that the law violates “separation of powers” by changing the outcome of pending court cases (an argument that, if taken to its logical conclusion, would require invalidating the 1964 Civil Rights Act because it legislatively overturned trespass convictions of civil-rights demonstrators who engaged in sit-ins).”
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