The gun rights case Fyock v. City of Sunnyvale has just
taken a very interesting turn. Last week the plaintiffs in that
dispute, who are challenging a Sunnyvale, California, ordinance
banning the possession of high-capacity gun magazines,
failed to persuade both a federal district court and the U.S.
Court of Appeals for the 9th Circuit to block the ban from going
into effect while their Second Amendment suit moves forward.
Yesterday, those plaintiffs filed an emergency motion
asking Supreme Court Justice Anthony Kennedy (who fields such
requests originating from the 9th Circuit) to stop the law, asking
him to “simply preserve Applicants’ rights while the case is
decided on the merits.”
Something in that emergency motion appears to have caught
Kennedy’s attention, because earlier today the justice asked the
city of Sunnyvale
to submit a response to him by 3 P.M. on Wednesday. Is Kennedy
seriously entertaining the idea of putting the ban on hold while
the case is fought out in court? We should have an answer later
this week.
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