The Volokh Conspiracy - Would Repealing D.C. Gun Ban Prevent Supreme Court Review / En Banc Review in Second Amendment Case?

Reader Michael Brock writes:

A new bill was just introduced in the House, "To restore Second Amendment rights in the District of Columbia"

This bill would effectively repeal the laws that were struck down in Parker. If this bill passes, would that have any negative influence on the cert. worthiness of Parker?

You bet. I doubt the bill will get enacted. But if it is, and if the D.C. gun ban is mostly repealed (something the bill seems to try to do, though I haven't checked all the statutory cross-references to make sure it succeeds), that would make the declaratory and injunctive challenge at the heart of the Parker case moot, and would prevent en banc review and Supreme Court review.

Unless I'm mistaken, it would also lead to the D.C. Circuit panel decision's being vacated -- and thus losing its precedential effect -- under the so-called Munsingwear doctrine. "The established practice of the Court in dealing with a civil case from a court in the federal system which has become moot while on its way here or pending our decision on the merits is to reverse or vacate the judgment below and remand with a direction to dismiss."

	[Eugene Volokh, March 14, 2007 at 9:52pm] Trackbacks Would Repealing D.C. Gun Ban Prevent Supreme Court Review / En Banc Review in Second Amendment Case? Reader Michael Brock writes: A new bill was just introduced in the House, "To restore Second Amendment rights in the District of Columbia" This bill would effectively repeal the laws that were struck down in Parker. If this bill passes, would that have any negative influence on the cert. worthiness of Parker? You bet. I doubt the bill will get enacted. But if it is, and if the D.C. gun ban is mostly repealed (something the bill seems to try to do, though I haven't checked all the statutory cross-references to make sure it succeeds), that would make the declaratory and injunctive challenge at the heart of the Parker case moot, and would prevent en banc review and Supreme Court review. Unless I'm mistaken, it would also lead to the D.C. Circuit panel decision's being vacated -- and thus losing its precedential effect -- under the so-called Munsingwear doctrine. "The established practice of the Court in dealing with a civil case from a court in the federal system which has become moot while on its way here or pending our decision on the merits is to reverse or vacate the judgment below and remand with a direction to dismiss."