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aileron
11-29-2007, 7:11 AM
From the LegalTimes.com; This is nice to see.

http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1195466649582


Supreme Court Watch

INADMISSIBLE
Locked and Loaded: Lawyers Lining Up in D.C. Gun Ban Case

By Tony Mauro

Legal Times

November 26, 2007


Even before the Supreme Court granted review on Nov. 20 in the Second Amendment case of District of Columbia v. Heller — setting the stage for the Court’s first hard look in nearly 70 years at the meaning of the amendment — calls were rolling in from lawyers wanting to argue the plaintiff’s case against D.C.’s strict handgun control ordinance.

“Not interested,” was the response they got from Robert Levy, the Cato Institute scholar who bankrolled the litigation. Levy and Clark Neily had already promised the gig to Virginian Alan Gura of Gura & Possessky, who has handled the case from the start. “Alan is being paid subsistence wages, and this was part of the deal — to take the case all the way through,” says Levy, who has no qualms about going with a high court novice. “He’s done a terrific job so far.”

That means Gura, a civil litigator who once worked at Sidley Austin, will go up against veteran Alan Morrison, the former Public Citizen lawyer who is now special counsel to D.C. Attorney General Linda Singer. The remaining question mark: whether the solicitor general will be asked to weigh in and argue, too. If so, there’s no doubt about new Attorney General Michael Mukasey’s stance.

In written answers to Senate questions during his confirmation last month, nominee Mukasey stated flatly, “I believe the Second Amendment does guarantee an individual right.”

The case will likely be argued next March and decided by June, ensuring that the contentious issue of gun rights — and the role of the Supreme Court — will have prominence in the 2008 presidential campaign.

Tony Mauro can be contacted at tmauro@alm.com.

Smokeybehr
11-29-2007, 12:38 PM
It's good to see that the legal community sees 2A/RKBA as an individual right. The best thing that they could all do is file Amicus Curiae (sp?) briefs. The more on "our" side from learned individuals, the better.

Does anyone know if T/M has filed an AC brief in this matter?

1064chubbs
11-29-2007, 3:39 PM
Yeah at least some lawyers are pro-gun. Thats nice to see.:)

stator
11-29-2007, 4:01 PM
It's good to see that the legal community sees 2A/RKBA as an individual right. The best thing that they could all do is file Amicus Curiae (sp?) briefs. The more on "our" side from learned individuals, the better.

Does anyone know if T/M has filed an AC brief in this matter?

The Supreme Court has rules for briefs and required etiquette of which they strongly request to minimize the amount of briefs due to repeating of information in the briefs. So, organizations who file briefs need to get permission from legal representation on both sides. T/M cannot just send one to the officer of the court (yes, anyone can drop one off at the designated guard shack, but it does not go anywhere).

If T/M does not have a lawyer on staff registered to practice in the Supreme Court, it is very unlikely. I doubt that they do.

hoffmang
11-29-2007, 6:07 PM
However, TMLLP will be writing an Amicus, I can assure you. In fact there will be quite a few of The Right People (TM) righting Amicus'.

-Gene

Patriot
11-29-2007, 6:10 PM
In fact there will be quite a few of The Right People (TM) righting Amicus'.

-Gene

Got a little pun going there, eh ;)

Wouldn't it be amici BTW http://www.beginnerbikers.org/gallery/files/4/hiding.gif

hoffmang
11-29-2007, 6:27 PM
Nah... Just can't spell this evening... Long day in a good way.

-Gene

artherd
11-29-2007, 7:48 PM
TMLLP is writing one.

falawful
11-29-2007, 10:31 PM
Gene,

If TMLLC is preparing an amicus brief, please, please point them (and anyone else) to the following:
Freedmen's Bureau Act of 1866;
Property Requisition Act of 1941;
and obviously
Firearm Owner's Protection Act of 1986.

The three of them CLEARLY define our second amendment civil rights as individual rights.

Some discussion at:
http://www.guncite.com/journals/halcoeq.html

hoffmang
11-29-2007, 10:34 PM
The pro-Heller Amici have already collaborated on which issues are going to be covered by different Amicus briefs. One of the ones already filed at the Cert stage is regarding our own Don Kilmer and the Alameda gun show ban:
http://www.gurapossessky.com/news/parker/documents/nordyke_amici.pdf

-Gene

odesskiy
11-29-2007, 11:33 PM
Yeah at least some lawyers are pro-gun. Thats nice to see.:)

Maybe not necessarily pro-gun, but PRO-CONSTITUTION! Either way, sounds good to me! :)

aileron
11-30-2007, 6:38 AM
However, TMLLP will be writing an Amicus, I can assure you. In fact there will be quite a few of The Right People (TM) righting Amicus'.

-Gene

I cant wait to read these babies. I must be sick in the head to enjoy reading these things.

EastBayRidge
11-30-2007, 7:20 AM
"In fact there will be quite a few of The Right People (TM) righting Amicus'."

Hope grammar check's enabled... :p

hoffmang
11-30-2007, 12:13 PM
EBR,

You did see my mea culpa above, right?

-Gene

EastBayRidge
11-30-2007, 8:35 PM
EBR,

You did see my mea culpa above, right?

-Gene
_________________

Whoops. My bad. Caught the quote from the post just prior to mine.

Mac
11-30-2007, 10:53 PM
....

ke6guj
11-30-2007, 11:55 PM
Actually, the last thing I read from the Brady Bunch used the 3 comma version, and critized the court for leaving out the third comma.

http://www.gunlawsuits.org/defend/second/fantasy/pdf/parker-opinion-critique2.pdf

otteray
12-01-2007, 8:47 AM
Actually, the last thing I read from the Brady Bunch used the 3 comma version, and critized the court for leaving out the third comma.

http://www.gunlawsuits.org/defend/second/fantasy/pdf/parker-opinion-critique2.pdf

I think it odd that nowhere in this article, not even the footnotes, is Jefferson quoted.
In the following example, he stated it so clearly:
The strongest reason for the people to retain their right
to keep and bear arms is as a last resort to protect
themselves against tyranny in government.
Thomas Jefferson

Mac
12-01-2007, 9:19 AM
....