The Parker case got a step closer today. DC filed a motion for a stay of its ruling for 90 days, the time period to allow for a cert petition. They said they may file. These stays are routinely granted, but Judge Silbermann, author of the DC Circuit opinion, took the unusual step of noting that a stay just to put it off was not cool. His warning doesn't compel them to file, but does put them on a bit of notice. http://www.scotusblog.com/movabletype/a ... .html#more
Good. This board has changed my mind. I hope it goes all the way. A new meaning to the word "Parkerized".
Miller: The Miller test: supplied by themselves of the kind in common use at the time part of the ordinary military equipment could contribute to the common defense
DC claims no party would suffer harm from a stay. What about people who go to jail because of this unconstitutional law? Would anybody make an argument that ruling striking down a political speech restriction should be stayed for 90 days and that this would not cause harm?