Some more on NRA and the Chicago Gun Case
Brian Doherty has a look at the issue:
All those nervous about the radical and expansive arguments to incorporate the Second Amendment on states and localities through the long-moribund Privileges or Immunities Clause of the 14th Amendment that Alan Gura will be making before the Supreme Court in the upcoming McDonald v. Chicago case can relax a little.
NRA Cares More about NRA Than Gun Rights, Liberty, Professional Courtesy
January 27th, 2010 at 1:05 pm
Shapiro’s words are QOTD material.
January 27th, 2010 at 4:09 pm
The real question here is if the Supreme Court rejects Gura’s P & I argument and upholds the NRA’s Due Process one, then are any of the NRA bashers going to publicly admit it?
January 27th, 2010 at 4:10 pm
The word “it” should be “the NRA was right”.
And the answer is no, they’ll just find something else to bitch about.
January 27th, 2010 at 4:13 pm
the issue is the questioning. no one knows what the court will ask. and they’re unlikely to let NRA give a soliloquy on due process. And most of that has been addressed in various briefs. Most folks think due process is a slam dunk and P&I, while harder, has a decent shot.
January 27th, 2010 at 11:15 pm
Shapiro does truly understand the dynamics involved here.
Captain Holly, will you admit that the NRA bashers are right if the either of the other two outcomes occur?
January 28th, 2010 at 12:46 am
Not sure what you mean by the other two outcomes, but I’ll assume one is the law is overturned using the P&I argument, while the other is that we lose on both arguments.
I’ll be happy as a clam if Gura wins his P&I case, but I highly doubt there are 5 votes on this Supreme Court to overturn the Slaughterhouse cases.
Which is why some court observers believe the court gave the NRA the extra time in the first place; the justices wanted to emphasize Due Process, not P&I.
If we lose, then how is that the NRA’s fault? If there aren’t 5 votes on this court for Due Process, then there sure as heckfire aren’t 5 votes for P&I, and Gura would have lost anyway.
In addition, IIRC Gura predicted Heller would be a 9-0 slam dunk, which as we all know was wildly unrealistic. I’m not so sure there is as much enthusiasm on the court for his P&I case as he thinks there is.
January 28th, 2010 at 1:03 am
From what I’ve read, most legal scholars believe P or I is an extreme longshot with perhaps 1 or 2 votes at the most.
I don’t have any issues with NRA for trying to ensure all the arguments for incorporation are made during oral argument, whether they be Due Process or P or I.
Gura’s focus on P or I is about pushing his libertarian agenda. NRA’s agenda is the Second Amendment.
Anyway, I’m
January 28th, 2010 at 1:06 am
I’m still pissed at Gura for giving up so quickly on machineguns. At least Clement defended them.
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-290.pdf
January 28th, 2010 at 1:58 am
I thought not.