Amicus briefs for DC filed in DC v. Heller

[hoffmang]

The Amicus (friend of the court) brief supporting the DC/Anti Individual Rights position have all been posted on Gura and Levy's website:
http://dcguncase.com/blog/case-filings/

Some noteable names:
Janet Reno
American Bar Association
NAACP (now that one is ironic)
San Francisco and New York DAs
States of NY, HI, MA, MD, NJ and PR

I suggest you link through and make it (annoying) but important weekend reading.

Our side's brief on the merits is due February 4 and our side's Amicus' one week later.

-Gene

[Librarian]

from the DA's amicus brief the District Attorneys urge the Court to consider the potentially negative, unintended, and wholly unnecessary consequences of an affirming opinion. In short, an affirmance could inadvertently call into question the well settled Second Amendment principles under which countless state and local criminal firearms laws have been upheld by courts nationwide.
Inadvertently? :43:

And the 'linguistics professors' are fun, too. Contrast with Volokh (http://www.law.ucla.edu/volokh/common.htm).

18 members of Congress? A rogue's gallery of the worst of the left:MEMBERS OF THE UNITED STATES CONGRESS

Representative Robert A. Brady (PA-01)
Representative John Conyers, Jr. (MI-14)
Representative Danny K. Davis (IL-07)
Representative Keith Ellison (MN-05)
Representative Sam Farr (CA-17)
Representative Chaka Fattah (PA-02)*
Representative Al Green (TX-09)
Representative Raúl M. Grijalva (AZ-07)
Representative Michael Honda (CA-15)
Representative Zoe Lofgren (CA-16)
Representative Carolyn McCarthy (NY-04)
Representative Gwen Moore (WI-04)
Representative James P. Moran (VA-08)
Representative Eleanor Holmes Norton (DC)
Representative Bobby L. Rush (IL-01)
Representative Maxine Waters (CA-35)
Representative Lynn C. Woolsey (CA-06)
Representative Albert R. Wynn (MD-04)

[hoffmang]

BTW: As I'm reading I love how the word "keep" is just never really in any of the Anti's briefs...

-Gene

[1911_sfca]

Some noteable names:
Janet Reno
American Bar Association
NAACP (now that one is ironic)
San Francisco and New York DAs
States of NY, HI, MA, MD, NJ and PR

Jeez I'm surprised the AG of Cuba and the Moscow DA aren't on the list.

Going to read it now...

[trashman]

BTW: As I'm reading I love how the word "keep" is just never really in any of the Anti's briefs...

Eesh. Not only that, but in reading Reno's brief you would think the balance of Western Civilization has hung tenuously in the balance, clawing its way out of the abyss only thanks to the Justice Department's longstanding view that the 2A "Does Not Protect A Right To Keep And Bear Arms For Private Purposes."

Thanks for posting this, Gene. Should make good reading while I am fitting together my new Armalite M4 upper tonight from the Xmas sale...

--Neill

[Liberty1]

Jeez I'm surprised the AG of Cuba and the Moscow DA aren't on the list...

Even they didn't want to be on the loosing side!

[aileron]

Oh dude, that was more than I was expecting.

* Janet Reno, et al.
* National Network to End Domestic Violence
* American Jewish Committee, et al.
* States of NY, HI, MA, MD, NJ and PR
* American Bar Ass’n
* Brady Center
* 18 Members of Congress
* NAACP Legal Defense Fund
* Criminal Justice Professors
* DA’s for SF, NY
* American Academy of Pediatrics
* City of Chicago
* Winkler, Chemerinsky
* American Public Health Ass’n
* Appleseed Center, et al.
* Violence Policy Center
* Cities
* History Professors
* Linguistics Professors

19 Amici's!!!!! Man alive. Now I'm worried.

[Fjold]

That list is the looney left at it's best.

But, PR isn't a State.

[Scarecrow Repair]

Oh dude, that was more than I was expecting.

* Janet Reno, et al.
* National Network to End Domestic Violence
* American Jewish Committee, et al.
* States of NY, HI, MA, MD, NJ and PR
* American Bar Ass’n
* Brady Center
* 18 Members of Congress
* NAACP Legal Defense Fund
* Criminal Justice Professors
* DA’s for SF, NY
* American Academy of Pediatrics
* City of Chicago
* Winkler, Chemerinsky
* American Public Health Ass’n
* Appleseed Center, et al.
* Violence Policy Center
* Cities
* History Professors
* Linguistics Professors

19 Amici's!!!!! Man alive. Now I'm worried.

What for? I find it hard to imagine that even half of those will be of much interest to the justices. Pediatricians? What does helath of children have to do with legal issues -- no doubt they will say that some children are hurt by guns, but I can't see how that will have any useful influence. History professors, maybe, if they keep strictly to 250 year old meanings, but I can't think of anything they could add that would support the collective interpretation.

No, I haven't read them. I doubt I will either, not being THAT interested in legal word twisting. But some of these seem so ludicrous that I can't imagine how they could possibly help DC.

[Piper]

It was just announced on Cam and Company that the U.S. DOJ has filed an amicus brief in favor of D.C.. As I understand it, USDOJ said that although the 2A is an individual right, fact finding needs to take place before SCOTUS can rule. Supposedly, SCOTUS has no choice but to reverse the D.C. decision until this fact finding...whatever is complete.

[hoffmang]

I've read the US DOJ brief. It's both good and troubling. I'm not sure I have permission to post it...

The brief agrees that the Second Amendment is an individual right (which is very, very good.)

However, it then argues that the test that the DC Circuit implemented from Miller is too broad and the case should be reversed and remanded to the DC Circuit court to have fact finding on whether the handgun ban, especially together with the long gun limits, is an undue burden.

The Supreme Court often gives deference to the US DOJ. However, this case is in a pretty unique procedural place so I'm not sure what will happen.

The good news for us in California is that the US DOJ agrees with the parts we most need to start rolling things back here. The bad news is that they are trying to create a lot more wiggle room than any of us want in the Second Amendment and what regulations are legitimate.

Bottom line - this virtually guarantees the core holding we all want, but could limit its long term effect on Federal law...

-Gene

[Librarian]

I've read the US DOJ brief. It's both good and troubling. I'm not sure I have permission to post it...

DOJ brief now online at previous list URL. See comments from Dave Hardy (http://armsandthelaw.com/).

[otalps]

I tried to read the brief from the American Bar Association but can't get Billy Madison out of my head.

To paraphrase, what I've just read is one of the most insanely idiotic things I have ever read. At no point in it's rambling, incoherent response were they even close to anything that could be considered a rational thought. Everyone on this board will be dumber for having read it. I award them no points, and may God have mercy on their soul.

[Smokeybehr]

I tried to read the brief from the American Bar Association but can't get Billy Madison out of my head.

To paraphrase, what I've just read is one of the most insanely idiotic things I have ever read. At no point in it's rambling, incoherent response were they even close to anything that could be considered a rational thought. Everyone on this board will be dumber for having read it. I award them no points, and may God have mercy on their soul.

I tried to read the amici from Reno, et al. and my head began to hurt from the ignorance displayed by supposedly learned people...

I'm REALLY glad that I'm taking a Constitutional Rights class this semester...

[mblat]

I can't believe that. Bush' DOJ files brief defending gun bans.... :eek: And those people want OUR votes?

[placergold1]

The group of DA's on the amicus brief list come from the typical jurisdictions--S.F. N.Y., Alameda, Boston, Chicago, Detroit, etc. But among them is elected DA Jeffrey Tuttle from Calaveras County. That surprised me.

The big city DA's are concerned that a broad ruling upholding individual rights will undermine many of the gun laws that they vigorously enforce. But what's up with Calaveras? Anybody have any knowlege of that jurisdiction? I'd have thought the political atmosphere in that small county would be the opposite of the big cities.

Here's the link to the list of DA's for those interested:

http://www.gurapossessky.com/news/parker/documents/07-290tsaCertainDistrict.pdf

[Liberty1]

I can't believe that. Bush' DOJ files brief defending gun bans.... :eek: And those people want OUR votes?

They take our votes for granted. Support the only candidate who has never voted against the 2nd Amendment and would seek the repeal of all the 20th century's gun control acts.

[paradox]

The group of DA's on the amicus brief list come from the typical jurisdictions--S.F. N.Y., Alameda, Boston, Chicago, Detroit, etc. But among them is elected DA Jeffrey Tuttle from Calaveras County. That surprised me.

The big city DA's are concerned that a broad ruling upholding individual rights will undermine many of the gun laws that they vigorously enforce. But what's up with Calaveras? Anybody have any knowlege of that jurisdiction? I'd have thought the political atmosphere in that small county would be the opposite of the big cities.

Here's the link to the list of DA's for those interested:

http://www.gurapossessky.com/news/parker/documents/07-290tsaCertainDistrict.pdf



The Calavaras DA and especially Sheriff are authoritarians through and through. Left or Right, all authoritarians share the same core beliefs. Keeping the peons disarmed is one of them.

Welcome to the Good Ol' Boy backwoods...

[hoffmang]

I'll be posting a summary of the Amici tonight or tomorrow. There is some pretty funny stuff in there!

-Gene