From SCOTUS Blog:
Tomorrow (Thursday, June 26), the Court will issue its remaining three decisions: Heller (DC Guns), Davis v. FEC (campaign finance), and American Electric Power (energy contracts). It is quite likely that Justice Scalia is writing the opinion in the Guns case. It could be a plurality opinion.
Update: A good piece on what a Scalia opinion could mean.
Hat tip to Dave Hardy.
Showing posts with label D.C. Gun Ban. Show all posts
Showing posts with label D.C. Gun Ban. Show all posts
Wednesday, June 25, 2008
Wednesday, March 19, 2008
News accounts of Gun Ban Case Mostly Balanced
While not predicting victory, it appears from the questions during yesterday's oral arguments in District of Columbia vs. Heller that at least five justices are prepared to state that the Second Amendment protects an individual right and will thus affirm the lower court decision striking down the D.C. Gun Ban.
If you did not get to hear the oral arguments, you can listen here. You can see a complete list of news articles about the oral arguments here.
Cam Edwards of NRANews has been doing an exhaustive commentary with legal experts on the arguments and plans to upload some of those segments in the archives at the NRANews web site. I will let you know when those are available.
If you did not get to hear the oral arguments, you can listen here. You can see a complete list of news articles about the oral arguments here.
Cam Edwards of NRANews has been doing an exhaustive commentary with legal experts on the arguments and plans to upload some of those segments in the archives at the NRANews web site. I will let you know when those are available.
Tuesday, March 18, 2008
Live Blogging the Oral Argument
Well, it did not take long for Chief Justice Roberts to go after D.C. attorney Walter Dellinger for his assertion that the Second Amendment was intended for a militia. And now both Kennedy and Scalia have weighed in. Dellinger got about five minutes into his remarks before the justices started their questions. Dellinger is clearly on the defense. I find it conforting that Kennedy has joined Roberts and Scalia in there peppering of Dellinger.
Dellinger just referred to the 42 states that have protected the individual right to keep and bear arms but have also placed "reasonable" restrictions. Roberts asks "is it reasonable be ban a complete class of firearms?"
Dellinger says the District does allow some operable firearms. Alito nails him on the fact it has to be inoperable. Dellinger is saying the District now has no argument with having a firearm for self-defense. This however is not what the DC code states.
Stevens asks how Gura can explain why neither the Articles of Confederation nor the Constitution explicitly refers to self-defense.
Breyer now asks why the total ban on handguns is a reasonable regulation. Dellinger is going back to the "well regulated militia" for his answer and Scalia interupts him to say that "well regulated" does not mean "massively regulated."
Solicitor General Clement is now testifying. He is already playing the weasel that he played in his amicus. Kennedy asks him if his position is that the people who lived in the wilderness did not have the right to have arms for self defense and Clement tries to have it both ways. That the militia was foremost in the Founders mind.
1:26 PM
I had to step away for a meeting and missed most of the Clement argument and the first part of Gura's statements. He is now being questioned by Breyer. SCOTUS Blog has a live online poll and the majority of responders beleve Dellinger performed poorly and Clement was average.
Breyer asks why cities should not be given leeway to construct firearms regulations to meet local problems.
Lyle Denniston on SCOTUSblog: In an argument that ran 23 minutes beyond the allotted time, Justice Anthony M. Kennedy emerged as a fervent defender of the right of domestic self-defense. With Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito, Jr., and Antonin Scalia leaving little doubt that they favor an individual rights interpretation of the Amendment (and with Justice Clarence Thomas, though silent on Tuesday, having intimated earlier that he may well be sympathetic to that view), Kennedy’s inclinations might make him -- once more -- the holder of the deciding vote. At one key point, he suggested that the one Supreme Court precedent that at least hints that gun rights are tied to military not private needs — the 1939 decision in U.S. v. Miller — “may be deficient” in that respect.
1:51
Dellinger is back up and Roberts is going at him on how long it would take to get a trigger lock off and load the gun if it were needed. Dellinger is struggling with response. Scalia has joined in now. He says "its on you end table so you have to turn on the lamp and pick up your reading glasses" to laughter. Dellinger said it takes three seconds but this does not make a difference in the hand gun ban. He is going back that residents can use arms for self defense.
Roberts ask what proof is there that a rifle or shotgun is better than a handgun for self defense.
Alito is now part of the party going after the trigger lock provision.
I just can't get past the fact that Dellinger continually repeats that the District is not challenging the provision that residents can use another form of firearm for self defense. Roberts is asking why DC has a "carry provision" that prohibits you to carry it from one room to another.
The arguments have not wrapped up and I have another meeting to attend. You can get a great summary of the arguments here.
Dellinger just referred to the 42 states that have protected the individual right to keep and bear arms but have also placed "reasonable" restrictions. Roberts asks "is it reasonable be ban a complete class of firearms?"
Dellinger says the District does allow some operable firearms. Alito nails him on the fact it has to be inoperable. Dellinger is saying the District now has no argument with having a firearm for self-defense. This however is not what the DC code states.
Stevens asks how Gura can explain why neither the Articles of Confederation nor the Constitution explicitly refers to self-defense.
Breyer now asks why the total ban on handguns is a reasonable regulation. Dellinger is going back to the "well regulated militia" for his answer and Scalia interupts him to say that "well regulated" does not mean "massively regulated."
Solicitor General Clement is now testifying. He is already playing the weasel that he played in his amicus. Kennedy asks him if his position is that the people who lived in the wilderness did not have the right to have arms for self defense and Clement tries to have it both ways. That the militia was foremost in the Founders mind.
1:26 PM
I had to step away for a meeting and missed most of the Clement argument and the first part of Gura's statements. He is now being questioned by Breyer. SCOTUS Blog has a live online poll and the majority of responders beleve Dellinger performed poorly and Clement was average.
Breyer asks why cities should not be given leeway to construct firearms regulations to meet local problems.
Lyle Denniston on SCOTUSblog: In an argument that ran 23 minutes beyond the allotted time, Justice Anthony M. Kennedy emerged as a fervent defender of the right of domestic self-defense. With Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito, Jr., and Antonin Scalia leaving little doubt that they favor an individual rights interpretation of the Amendment (and with Justice Clarence Thomas, though silent on Tuesday, having intimated earlier that he may well be sympathetic to that view), Kennedy’s inclinations might make him -- once more -- the holder of the deciding vote. At one key point, he suggested that the one Supreme Court precedent that at least hints that gun rights are tied to military not private needs — the 1939 decision in U.S. v. Miller — “may be deficient” in that respect.
1:51
Dellinger is back up and Roberts is going at him on how long it would take to get a trigger lock off and load the gun if it were needed. Dellinger is struggling with response. Scalia has joined in now. He says "its on you end table so you have to turn on the lamp and pick up your reading glasses" to laughter. Dellinger said it takes three seconds but this does not make a difference in the hand gun ban. He is going back that residents can use arms for self defense.
Roberts ask what proof is there that a rifle or shotgun is better than a handgun for self defense.
Alito is now part of the party going after the trigger lock provision.
I just can't get past the fact that Dellinger continually repeats that the District is not challenging the provision that residents can use another form of firearm for self defense. Roberts is asking why DC has a "carry provision" that prohibits you to carry it from one room to another.
The arguments have not wrapped up and I have another meeting to attend. You can get a great summary of the arguments here.
Today is the Day
This morning, both sides will have their day in court in District of Columbia vs. Heller, also known as the D.C. gun ban case. As Randy Barnett points out in this mornings' Wall Street Journal, because "the District of Columbia is a federal entity, Heller provides a clean application of the Second Amendment which, like the rest of the Bill of Rights, originally applied only to the federal government." Barnett continues that in order for a state or local gun law can be challenged, the Supreme Court must decide that the right to keep and bear arms is also protected by the 14th Amendment, which limits state powers. So, while it is not likely that the Court will issue such a broad ruling in this case, even a decision upholding an unqualified individual right in Heller would still be a significant victory for individual rights. The Court will likely issue their ruling in June at the end of the term, setting up a renewed emphasis on guns in the Presidential election no matter what the ruling.
You can hear the oral arguments at 11:30 AM on C-SPAN and at the C-SPAN web site. C-SPAN will also archive the audio if you can not hear it when it airs live.
UPDATE: The Presidential Candidates on today's historic case according the Washington Times:
Sen. John McCain: The McCain campaign issued this press release today -
Statement By John McCain On The DC Gun Ban Case Before The Supreme Court
ARLINGTON, VA -- U.S. Senator John McCain today issued the following statement on District of Columbia v. Heller:
"Today, the Supreme Court will hear oral arguments on District of Columbia v. Heller, a landmark case for all Americans who believe as I do that the Second Amendment guarantees an individual right to keep and bear arms. I am proud to have joined in an amicus brief to the Court calling for a ruling in keeping with the clear intent of our Founding Fathers, which ensures the Second Amendment rights of the residents of District of Columbia are reaffirmed."
Sen. Barack Obama: Jen Psaki, a spokeswoman for Democratic presidential hopeful Sen. Barack Obama of Illinois, said Mr. Obama "believes the Second Amendment creates an individual right, and he greatly respects the constitutional rights of Americans to bear arms."
"He also believes that the Constitution permits state and local governments to adopt reasonable and common-sense gun safety measures," she said, but would not elaborate on the whether the senator supports the D.C. gun ban. (Note: Mr. Obama did not join 55 of his Senate colleagues in signing the congressional amicus brief supporting Heller.)
Sen. Hillary Rodham Clinton: did not respond to repeated requests from the Washington Times for comment on the Heller case. (Note: Mrs. Clinton did not join 55 of her senate colleagues in signing the congressional amicus brief supporting Heller.)
You can hear the oral arguments at 11:30 AM on C-SPAN and at the C-SPAN web site. C-SPAN will also archive the audio if you can not hear it when it airs live.
UPDATE: The Presidential Candidates on today's historic case according the Washington Times:
Sen. John McCain: The McCain campaign issued this press release today -
Statement By John McCain On The DC Gun Ban Case Before The Supreme Court
ARLINGTON, VA -- U.S. Senator John McCain today issued the following statement on District of Columbia v. Heller:
"Today, the Supreme Court will hear oral arguments on District of Columbia v. Heller, a landmark case for all Americans who believe as I do that the Second Amendment guarantees an individual right to keep and bear arms. I am proud to have joined in an amicus brief to the Court calling for a ruling in keeping with the clear intent of our Founding Fathers, which ensures the Second Amendment rights of the residents of District of Columbia are reaffirmed."
Sen. Barack Obama: Jen Psaki, a spokeswoman for Democratic presidential hopeful Sen. Barack Obama of Illinois, said Mr. Obama "believes the Second Amendment creates an individual right, and he greatly respects the constitutional rights of Americans to bear arms."
"He also believes that the Constitution permits state and local governments to adopt reasonable and common-sense gun safety measures," she said, but would not elaborate on the whether the senator supports the D.C. gun ban. (Note: Mr. Obama did not join 55 of his Senate colleagues in signing the congressional amicus brief supporting Heller.)
Sen. Hillary Rodham Clinton: did not respond to repeated requests from the Washington Times for comment on the Heller case. (Note: Mrs. Clinton did not join 55 of her senate colleagues in signing the congressional amicus brief supporting Heller.)
Tuesday, February 12, 2008
Congressman Cantor's "Save the Second" Web Site
Congressman Eric Cantor (R-VA7) has created a web site complete with a video in response to the Solicitor General's amicus brief in Distict of Columbia vs. Heller. The Solicitor General, who represents the federal government in court matters, wrote that the Second Amendment is an individual right but should send the case back to the lower court, apparently because he feared what a decision upholding the the lower court would mean for other gun control laws. Congressman Cantor rightly thinks this is outragous. You an sign an online petition at the web site. Kudos to Congressman Cantor for standing up for the right to keep and bear arms in such a forceful manner.
Tuesday, February 5, 2008
Lawyers for Heller File Brief in DC Gun Ban Case
Lawyers for Dick Heller, a security guard, filed a brief with the Supreme Court yesterday saying that the District's categorical restrictions are so broad that they cannot comply with the Second Amendment's protection of the right to bear arms.
"However else [the District] might regulate the possession and use of arms, their complete ban on the home possession of all functional firearms, and their prohibition against home possession and movement of handguns, are unconstitutional," wrote Heller's attorney, Alan Gura, one of three lawyers representing those who challenged the gun ban.
The case will be argued before the justices March 18, and it promises a historic examination of the Second Amendment.
Heller's brief said the amendment's preamble referring to the militia gives one, but not the only, reason the framers considered the amendment necessary.
Gun-rights advocates were shocked and felt betrayed last month when the Bush administration's U.S. Solicitor General Paul D. Clement, who represent's the government before the Supreme Court, agreed that the Second Amendment provides an individual right but also said that the appeals court had used the wrong standard in evaluating the District's law.
Clement said the D.C. Circuit's broad opinion could call into question federal gun-control measures, and he recommended that the District law be sent back to lower courts for evaluation "under a more flexible standard of review."
Heller's brief said limitations on the rights of individual to possess firearms should be held to the court's most restrictive scrutiny.
"Demoting the Second Amendment to some lower tier of enumerated rights is unwarranted," the brief said. "The Second Amendment has the distinction of securing the most fundamental rights of all -- enabling the preservation of one's life and guaranteeing our liberty."
Thanks to all VSSA members and other gun owners who answered the call to support the Association's efforts to file an amicus brief on the side of Heller. We reached our goal and are joining 39 other state associations and the brief should be filed in the coming days.
"However else [the District] might regulate the possession and use of arms, their complete ban on the home possession of all functional firearms, and their prohibition against home possession and movement of handguns, are unconstitutional," wrote Heller's attorney, Alan Gura, one of three lawyers representing those who challenged the gun ban.
The case will be argued before the justices March 18, and it promises a historic examination of the Second Amendment.
Heller's brief said the amendment's preamble referring to the militia gives one, but not the only, reason the framers considered the amendment necessary.
Gun-rights advocates were shocked and felt betrayed last month when the Bush administration's U.S. Solicitor General Paul D. Clement, who represent's the government before the Supreme Court, agreed that the Second Amendment provides an individual right but also said that the appeals court had used the wrong standard in evaluating the District's law.
Clement said the D.C. Circuit's broad opinion could call into question federal gun-control measures, and he recommended that the District law be sent back to lower courts for evaluation "under a more flexible standard of review."
Heller's brief said limitations on the rights of individual to possess firearms should be held to the court's most restrictive scrutiny.
"Demoting the Second Amendment to some lower tier of enumerated rights is unwarranted," the brief said. "The Second Amendment has the distinction of securing the most fundamental rights of all -- enabling the preservation of one's life and guaranteeing our liberty."
Thanks to all VSSA members and other gun owners who answered the call to support the Association's efforts to file an amicus brief on the side of Heller. We reached our goal and are joining 39 other state associations and the brief should be filed in the coming days.
Thursday, January 24, 2008
Help VSSA Make History at the Supreme Court!
Recently, a group of state firearms rights associations banded together for the purpose of filing an amicus brief with the United States Supreme Court in the case of Heller v. District of Columbia. This case initially overturned the 31-year-old DC handgun ban at the District Court level, and is being appealed to the Supreme Court by the city of Washington, DC, who are intent on maintaining the most draconian gun control law in the city. The results of this case could be either a great victory or a devastating defeat for gun owners in the United States, and we need to employ every weapon at our disposal in fighting this decisive battle.
On January 23rd, the VSSA Board of Directors voted to add VSSA to a list of 18 other state associations that have signed on to this effort. Initially led by the Texas State Rifle Association, the New York Rifle & Pistol Association, the Association of New Jersey Rifle & Pistol Clubs and the Delaware State Sportsman’s Association, fifteen other state associations later joined forces in this important endeavor before VSSA's inclusion yesterday. The other associations involved in addition to the lead associations and VSSA are the Alabama State Rifle & Pistol Association, the Arizona State Rifle & Pistol Association, the Georgia Sport Shooting Association, the Idaho State Rifle & Pistol Association, the Illinois State Rifle Association, the Indiana State Rifle & Pistol Association, the (Maine) Pine Tree State Rifle & Pistol Association, the Mississippi State Firearms Owners Association, the Missouri Sport Shooting Association, the Montana Rifle & Pistol Association, the Nebraska Shooting Sports Association, the New Mexico Shooting Sports Association, the North Carolina Rifle & Pistol Association, the Oklahoma Rifle Association, the Oregon State Shooting Association and, the Utah State Rifle & Pistol Association. The addition of VSSA yesterday brings the current total to 19. The amicus brief will be filed on February 4, or possibly before, depending the date of the filing by the appealing party (in this case the DC city government).
The preparation of the amicus brief is an expensive and time-consuming process, and is not without significant cost. This has been made easier for the state associations by this collaborative effort, but contributions from individuals would also help to offset the cost. Any help for this project would be gratefully accepted.
Donations can be made to defray VSSA's cost in participating. You can make an unrestricted donation directly to the VSSA for use in our share of the legal expenses. Be sure to note on your check "War Chest."
You can send your check payable to VSSA: Virginia Shooting Sports Association, P. O. Box 1258, Orange, VA 22960-0741.
Be a part of history and help VSSA in its effort to support the Second Amendment in this ground breaking case.
On January 23rd, the VSSA Board of Directors voted to add VSSA to a list of 18 other state associations that have signed on to this effort. Initially led by the Texas State Rifle Association, the New York Rifle & Pistol Association, the Association of New Jersey Rifle & Pistol Clubs and the Delaware State Sportsman’s Association, fifteen other state associations later joined forces in this important endeavor before VSSA's inclusion yesterday. The other associations involved in addition to the lead associations and VSSA are the Alabama State Rifle & Pistol Association, the Arizona State Rifle & Pistol Association, the Georgia Sport Shooting Association, the Idaho State Rifle & Pistol Association, the Illinois State Rifle Association, the Indiana State Rifle & Pistol Association, the (Maine) Pine Tree State Rifle & Pistol Association, the Mississippi State Firearms Owners Association, the Missouri Sport Shooting Association, the Montana Rifle & Pistol Association, the Nebraska Shooting Sports Association, the New Mexico Shooting Sports Association, the North Carolina Rifle & Pistol Association, the Oklahoma Rifle Association, the Oregon State Shooting Association and, the Utah State Rifle & Pistol Association. The addition of VSSA yesterday brings the current total to 19. The amicus brief will be filed on February 4, or possibly before, depending the date of the filing by the appealing party (in this case the DC city government).
The preparation of the amicus brief is an expensive and time-consuming process, and is not without significant cost. This has been made easier for the state associations by this collaborative effort, but contributions from individuals would also help to offset the cost. Any help for this project would be gratefully accepted.
Donations can be made to defray VSSA's cost in participating. You can make an unrestricted donation directly to the VSSA for use in our share of the legal expenses. Be sure to note on your check "War Chest."
You can send your check payable to VSSA: Virginia Shooting Sports Association, P. O. Box 1258, Orange, VA 22960-0741.
Be a part of history and help VSSA in its effort to support the Second Amendment in this ground breaking case.
Tuesday, November 27, 2007
Supreme Court and D.C. Gun Ban
While I was on vacation, the Supreme Court of the United States (SCOTUS) agreed to hear the appeal of the D.C. Circuit Court's decision overturning D.C.'s handgun ban. It was widely expected that this decision would not be announced until after Thanksgiving but the Court announced the decision to hear the case on Tuesday - two days before the holiday. Over the holiday weekend, a number of OP/EDs were published - many supporting the individual rights interpretation of the 2nd Amendment. Some of the best were in the Wall Street Journal. In the event you have not seen them, I am providing the links to the public articles (some can only be accessed by subscribers).
Second Amendment Showdown
Guns and the Constitution
Court Sets its Scope on Handgun Ban
Justices to Weigh Handgun Ban (WSJ article on decision to hear case)
Second Amendment Showdown
Guns and the Constitution
Court Sets its Scope on Handgun Ban
Justices to Weigh Handgun Ban (WSJ article on decision to hear case)
Tuesday, November 13, 2007
No news from SCOTUS on DC Gun Ban Case
The Supreme Court's orders announced Tuesday, November 13, did not mention any action on District of Columbia v. Heller (formerly known as Parker v. District of Columbia) or on the related petition by the plaintiffs who were denied standing in the U.S. Court of Appeals for the D.C. Circuit. Any guessing about the reasons for the delay would be just that. This means, based on the Court's current calendar, the next possible date for an announcement on the case would be November 26.
VSSA will post any updates here as we receive them.
VSSA will post any updates here as we receive them.
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