The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Early last week, a federal judge in D.C. concluded that D.C.'s general prohibition on carrying guns outside the home violated the Second Amendment, and the District therefore had to issue concealed carry permits to law-abiding adults who applied. The U.S. Court of Appeals for the District of Columbia Circuit has temporarily suspended the judge's order, while it considers whether to suspend the order for as long as the appeal is pending:
Upon consideration of the emergency motion for stay pending appeal and an immediate administrative stay, it is
ORDERED that the district court's order filed May 17, 2016, granting appellees' motion for a preliminary injunction, be administratively stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the motion. See D.C. Circuit Handbook of
Practice and Internal Procedures 33 (2016). It is
FURTHER ORDERED that appellees file a response to the motion for stay pending appeal by 9:00 a.m. on Friday, June 3, 2016, and that appellants file any reply by 4:00 p.m. on Monday, June 6, 2016.
Judges Rogers and Wilkins voted for the stay; Judge Kavanaugh dissented.
Thanks to Howard Bashman (How Appealing) for the pointer.