Constitutional Law

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...

Full post as published by Of Arms and the Law on February 09, 2008 (boomark / email).