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Old 12-05-2012, 12:04 PM
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Gray Peterson Gray Peterson is offline
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Quote:
Originally Posted by Glock22Fan View Post
I have been doing my best not to get drawn into this, but I must comment here that it begs the question of who decides who are " people who are not competent in strategic civil rights litigation."

Sure, there are some obvious examples. Others are less obvious. However, in this case, the judgement is being made by those who think they are the only ones who are competent, and therefore have a vested interest in trashing the others.
The vested interest is saving the Second Amendment's full effect, not filing lawsuits purely as a fundraising gimmick (NRA-ILA v. Chicago).

Almost no one trashed Thurgood Marshall & Charles Hamilton Houston in the black community (except for the ones who generally were violent revolutionary types) when they were litigating the college schooling & equal government pay issues in the years of leadup to Brown, because on top of just generally needing to survive, they knew that slinging arrows at their competent litigators (as NRA-ILA aligned people kept doing to Gura and keeps doing so until this day) was unwanted, there simply was too much was at stake. You can bet that Marshall & Houston and the people around them did everything to discourage "crazy person"/fundraising gimmick lawsuits. Some gun owners, and some gun rights litigators, confuse ego with competence.

Remember: NRA-ILA started the war of competence first. They accused Gura of filing litigation with no 2A experience or no competence on the issue, despite the fact that he was a former Deputy AG for the State of California who defended it in civil litigation (and therefor has a keen eye to errors made typically by plaintiffs). Gura proved them wrong and won Parker. He almost didn't win Parker because Mr. Halbrook filed sham litigation in Seegars naming John Ashcroft as one of the defendants, thinking that because of the recent change in interpretation at the federal level, they would side with the NRA's case and essentially screw over DC.

It did not happen that way because Halbrook has no idea how the US Justice Department works. Seegars bringing the much more competent counsel of the US DOJ over the incompetent counsel of the DC AG's office, they brought up defenses that the City did not bring up, such as standing. After Heller applied for gun registration and was denied, and when USDOJ brought up the standing issue, and the other Parker plaintiffs went down to attempt to register their guns, the Metro Police Department refused to give them applications and closed the window on them.

All this because Halbrook & the NRA-ILA had to control the 2A narrative at all costs.

Quote:
I have the greatest respect for Gura. But I am a little tired of the "Drink the Koolaid" cult that surrounds him.
Santa Maria & Torrance were not wins for the TBJ camp, despite it being done by lawyers supposedly more familiar with Preston's work.