Wednesday, February 06, 2008


The Respondent's Brief

Here, in PDF form, is the 80 plus page brief of the Respondent, that is, the pro gun rights brief in the Supreme Court case, District of Columbia v. Heller. I can't imagine an issue here not well covered by the brief. It appears, however, that the authors of the brief have strategically decided to abandon full auto weapons and cannons, etc. (all useful to a well regulated militia) and only ask that the 2nd Amendment apply to militia useful weapons which are "in comon use at the time". This is also a reaction to the last case the Supreme Court decided regarding the 2nd Amendment, United States v. Miller, which is looking ever less wise over the years. This 'in common use at the time' requirement is not anywhere in the language, or in the umbras and penumbras, of the 2nd Amendment and appears to be made up out of whole cloth to defang the "You want anyone to have a machine gun? What about an atom bomb?" idiocy. Pity, really. It is a disappointment for gun purists, for sure.

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How do you see this going?
It may all depend on Justice Kennedy and he's a difficult read. It is possible that one of the liberal 4 will see the light, as it is so clear. It will be further detriment to the Court's tattered reputation to recognize a right to privacy/abortion that doesn't exist but fail to see one that's right there in black in white. 9 private rights and one collective right? Difficult sale. I'm tepidly optimistic. Thanks for the comment.
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