Gun Control on Trial
This weekend, I received a copy of Brian Doherty’s Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. A look at gun cases in various courts that leads up to Heller. A good read, so far. I’m only about 20 pages in and one interesting bit that I did not know was that US v. Miller was probably a set up designed to rule that the NFA was constitutional. Seems Miller just plead guilty but the judge (supposedly a gun control advocate) said no and issued him a lawyer. Miller didn’t care, he was a petty crook. Judge ruled NFA violated the second amendment in what was a weak ruling to move up the courts. At the supreme court, the defense never filed a brief and did not show up to argue the case. During all this, Miller went on the lam and was killed. Interesting.
February 9th, 2009 at 10:12 am
IIRC, they informed the defense about a week or two before the case came up before the court.
February 9th, 2009 at 12:51 pm
Talk about “legislating from the bench”! I did not know that either. Thanks, Unc!
February 9th, 2009 at 2:58 pm
See:
The Peculiar Story of United States vs. Miller
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=981831
This excellent paper was cited by Scalia in the Heller decision.
February 9th, 2009 at 3:00 pm
Sounds like Miller didn’t have much to do with the Miller decision – sounds like he was just a pawn who was used to advance an existing agenda.