Nordyke Remanded Back to Original 3-Judge Panel

Eugene Volokh of the Volokh Conspiracy analyzes the remand decision here. He notes that the original panel accepted Alameda County's contention that the fairgrounds were a sensitive place which is not good news for Nordyke.

I agree with Sebastian at Snowflakes In Hell when he says:

I think the reasoning is poor, since not all government property can rightly be considered a sensitive place. I hope the panel does a more thorough analysis this time around of sensitive places.

As Donald Kilmer, attorney for the Nordykes, noted in his 28j letter, Alameda County did not show that banning gun shows in the fairgrounds would reduce crime nor did they produce evidence that the fairgrounds were a sensitive place.