Moot Court Showcase Argument View Calendar
58th Annual Moot Court Showcase Argument
State of Old York
Petitioner
v.
Sun Longone
Respondent
Thursday, February 21, 2008
The Judge Norman C. Barry Courtroom
4:00 p.m.
The Court
The Honorable Thomas L. Ambro
United States Court of Appeals
for the Third Circuit
The Honorable Thomas A. Hardiman
United States Court of Appeals
for the Third Circuit
The Honorable Margaret A. Ryan
United States Court for the Armed Forces
The Advocates
For Petitioners
Sherene Awad
Jerusalem, Palestine
Akia Haynes
Indianapolis, Indiana
For Respondents
Jeffrey Houin
Plymouth, Indiana
Matthew Morrison
West Hartford, Connecticut
Moot Court Appellate Advisors
Adjunct Assistant Professor Erin Cole
Adjunct Assistant Professor Robert J. Palmer
Adjunct Assistant Professor Edward A. Sullivan
The Case
On April 22, 2002, Senator Balic Aldwin tragically shot and killed 12 members of the Old York state senate, including the esteemed Majority Leader, Senator Aidan Liam. Prior to the shootings Senator Aldwin was under severe criticism for calling his own child a “rotten little goat.” Aldwin appeared before the general assembly with the stated intent to repair his tarnished image, but instead produced a validly registered .45 caliber handgun and killed twelve of his senate colleagues.
In response, Old York legislators enacted Aidan’s Law, a piece of legislation intended to reform existing handgun and ammunition regulations. In pertinent part, Aidan’s Law provides that: (1) handguns not registered before the law’s enactment may not be registered at all; (2) only former or current state law enforcement officers may register new handguns; (3) handgun ammunition may not be delivered anywhere in Old York to an individual under eighteen years of age; and (4) handgun ammunition may only be transported in an inert form. The statute imposes both criminal and civil liability for violations.
Respondents Sun Longone and York Loading Company (“YLC”) challenged Aidan’s Law in two separate lawsuits brought in the U.S. District Court for the Southern District of Old York. The district court consolidated the two actions. Longone is a non-law enforcement municipal employee who sought and was denied a handgun permit after being assaulted and mugged. He asserts that Aidan’s Law violated his individual Second Amendment right to keep and bear arms. YLC is an international package delivery company that ships ammunition and handguns within Old York. YLC asserts that Aidan’s Law is preempted by the Federal Aviation Administration Authorization Act ( the “FAAAA”), which prohibits a state from making any law relating to the rates, routes, and services of motor carriers.
The district court dismissed Longone’s claim, after finding that the Second Amendment did not guarantee an individual right to bear arms. However, it ruled in favor of YLC, holding that Aidan’s Law is expressly preempted by the FAAAA. The Court of Appeals for the Fourteenth Circuit subsequently reversed the district court on the Second Amendment claim, but affirmed the district court’s decision on preemption with regard to the FAAAA. The Fourteenth Circuit entered judgment in favor of the Respondents on both claims.
The Supreme Court of the United States subsequently granted Certiorani to review the Fourteenth Circuit’s decision.
Biographies
THE Honorable Thomas M. Hardiman
In 2003, Judge Hardiman was appointed to the United States District Court for the Western District of Pennsylvania, where he served until his elevation to the United States Court of Appeals for the Third Circuit in April 2007.
Judge Hardiman obtained his bachelor’s degree from the University of Notre Dame and his Law degree from Georgetown University La w Center. After graduating from law school, he entered private practice in Washington, D.C. (1989-1992) and Pittsburgh (1992-2002) with a focus on civil and white-collar criminal litigation. Judge Hardiman is actively involved with both legal and non-legal community organizations. He has been a hearing officer for the Disciplinary Board of the Pennsylvania Supreme Court as well as a member of the Pennsylvania Bar Association’s Professionalism Committee. Additionally, he has served as both a Director (1995-present) and President (1999-2000) For Big Brothers Big Sisters of Greater Pennsylvania.
THE Honorable Thomas L. Ambro
Judge Thomas L. Ambro is a judge on the United States Court of Appeals for the Third Circuit. He received both his B.A. (1971) and J.D.. (1975) from Georgetown University. After law school, He clerked for Chief Justice Daniel L. Hermann of the Supreme Court if Delaware. Thereafter he joined Richards, Layton & Finger in Wilmington, Delaware working in bankruptcy. He soon became involved in commercial transactional work and continued in this area until the early 1990s, when he became director of bankruptcy group at the firm. Judge Ambro is a past Chair of the Section of Business Law of the American Bar Association and past Editor of The Business Lawyer. He is currently a member of the Board of Trustees of the American Inns of Court and of the American Law Institute. He was inducted as a Fellow in the American College of Commercial Finance Lawyers(ACCFL).
THE Honorable Margaret A. Ryan
Judge Margaret A. Ryan is as a civilian judge on the United States Court of Appeals for the Armed Forces, which has appellate jurisdiction over active-duty military personnel serving both domestically and abroad. Born in Chicago, Judge Ryan received her degrees from Notre Dame Law School in 1995 – graduating first in her class – and from Knox College in 1985. For over eight years she was on active duty with the United States Marine Corps, and her service included a deployment to Saudi Arabia during Desert Storm and a stint as a judge advocate general (JAG). Following Military service, Judge Ryan clerked for Judge Michael J. Luttig of the Fourth Circuit (2000-2001) and Justice Clarence Thomas of the United States Supreme Court (2001-2002). She then entered private practice and most recently was a litigation and appellate partner at the Washington, D.C. firm of Wiley Rein & Fielding. In 2006, President George W. Bush nominated Judge Ryan to her present position on the United States Court of Appeals for the Armed Forces.
