Seventh Circuit Revisits the Second Amendment
Here’s another one to file under “no, we don’t want a revolution.” A few days ago, I posted on a new Seventh Circuit opinion that seemed to adopt a minimalist reading of the Supreme Court’s recent decision in Carr v. United States. Over a vigorous dissent, the Seventh Circuit reaffirmed the validity of pre-Carr decisions regarding the Sex Offender Registration and Notification Act. Now, the Seventh Circuit has a new opinion that reaffirms the validity of a gun-control statute, and another dissent accuses the court of incorrectly limiting a recent Supreme Court decision.
Last year, I posted on the interesting panel decision in United States v. Skoien, in which the Seventh Circuit remanded to the district court for the government to attempt to justify 18 U.S.C. § 922(g) in the face of the defendant’s Second Amendment challenge. The panel relied heavily on the Supreme Court’s 2008 decision in District of Columbia v. Heller. However, the government successfully sought en banc review, and now the en banc court has decided simply to affirm Skoien’s conviction without further proceedings.