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Heller in the press
Wash Po picks up on the Congressional brief, and that Dick Cheney signs on. As well as the fact that the brief disputes the Solicitor General's standard of review position. Again, a surprising balanced and objective piece.
I've mentioned the brief filed by American Shooters & Hunters Assn, a "false flag" operation. They've put out a press release on their filing. As part of the false flag operation, their brief suggested the DC ban violated the Congressional home rule enactment for DC -- in the hope that the Court would use that, rather than the Second Amendment, as a basis for ruling. And so their press release is entitled "DC Gun Law Violates Home Rule Act." But US News & World Report doesn't take the spin.
BTW, I wouldn't give that angle high hopes. (1) It's invoking an argument NOBODY has ever made in the case. It's not the question presented, either. (2) Even if accepted, result would be DC Circuit is affirmed on a different basis. DC CIrcuit's case law stays in place. (3) Court didn't take the case just to bail out after everyone's briefed. Gun Law News has a concise summary.
Capitol Weekly (Calif.) has an interesting and long piece. Anti-rights folks saying an individual rights view would strike down every gun law and topple the Republic (watch how quickly they shift when that happens). For my money, the interesting passage:
"Irwin Nowick, a senior consultant in the Senate Rules Committee who is widely seen as a leading expert on firearms law, said courts have long ruled that states could limit or ban guns most likely to be used by “ruffians, brawlers and assassins,” ....
Normally considered a liberals, Justices David Souter and Ruth Bader Ginsburg are both sympathetic to “reasonable gun rights,” Nowick added. A narrowly crafted individual right could win 7-2, he said."
Big hat tip to reader Jack Anderson...
Comments
Dave, thank you for everything. I don't know where you get the energy, but I thank GOD you have it.
Posted by: Tim at February 9, 2008 12:42 PM
If American Shooters & Hunters Association is a false flag operation, how about our side trying the same approach?
Posted by: Matthew Carmel at February 9, 2008 02:03 PM
Well I know of at least one former Intelligence Officer of the Defense Intelligence Agency who doesn't agree with them. Intelligence is a force multiplier and they have been routed.
Posted by: Rudy DiGiacinto at February 9, 2008 02:06 PM
Matthew,
We don't try it for two reasons:
1. We aren't liars, they are
2. It is too late to file briefs in support of petitioner
Posted by: Federal Farmer at February 9, 2008 03:51 PM
Irwin Nowick is the author of almost all of the California Penal Code on firearms. It's part of the reason its so convoluted and so loophole ridden - even though he doesn't mean it to be.
The funniest thing is that Irwin considers himself pro-gun while he most demonstrably is not.
-Gene
Posted by: Gene Hoffman at February 10, 2008 11:49 AM
Congressional brief for the respondent,
Don't bother looking for Hillary's or Obama"s names on the signatory list.
No big surprise
Posted by: W. W Woodward at February 10, 2008 06:36 PM