I disagree. Admittedly, the written briefs are the most important part of the case and oral argument simply provides Justices an opportunity to follow up or clarify arguments made in the briefs.
In this case, Gura's brief was overwhelmingly on P or I and overturning Slaughterhouse, an...
It just wasn't the best argument to make and just about everyone but Gura knew it. He pushed ahead with P or I because of a broader Libertarian agenda, not because it was the best and most likely way to incorporate the Second Amendment.
Let him test his libertarian ideals on some other case...
There are a couple things you need to keep in mind about this. Prior to Parker/Heller being filed, Gura was an unknown. He certainly was not a well known or respected Second Amendment attorney like Stephen Halbrook. Why should they have been excited about the prospect of a young...
Alan Korwin's take on the issue:
Oral argument in McDonald v. Chicago
by Alan Korwin, Author
Gun Laws of America
EYEWITNESS REPORT
Mar. 2, 2010
[Out of D.C. and now on a ranch in Texas; didn't have time to get this report out before catching my flight; this is only...
Gura's focus on Privileges or Immunities wasn't about the Second Amendment but about a broader libertarian/CATO agenda.
I for one am very thankful the NRA filed its motion asking for time at oral argument so someone would make the Due Process argument.
Gura's written brief spent only 7...
If anything, it sounds like NRA's motion for divided argument to argue Due Process incorporation may well have saved the case.
From Scotusblog:
"The first argument to collapse as the hearing unfolded was the plea by the lawyer for gun rights advocates, Alan Gura of Alexandria, VA, that...
MD "Assault Weapons" Bill (SB 516) Withdrawn
http://www.nraila.org/Legislation/Read.aspx?ID=5412
Senate Bill 516- "Assault Weapons" Ban WITHDRAWN by Sponsor
Tuesday, February 16, 2010
Thanks to the massive opposition and outcry against this extreme anti-gun bill, the sponsor has...
It's easy to talk about not compromising but compromise is part of the legislative process whether you like it or not. NRA doesn't cast a vote in Congress or state legislatures and has to work with the lawmakers they've got. If every lawmaker supported the Second Amendment as much as those on...
It makes no sense to make the easiest argument for incorporation? Are you serious? I'm all for P and I but I could care less how the Second Amendment gets incorporated as long as it does.
P and I is like taking a foul shot from center court when you can take the same shot from the foul line...
Most of Gura's brief was on P and I, very little, 6 or 7 on Due Process. If it wasn't about something more, I think he would have spent more time on both arguments.
Here are some interesting reads on the subject.
McDonald Gun-Rights Case: Round One Goes to the NRA...
Exactly. Which is why NRA filed its motion for divided argument. I think it's also telling that the Court granted NRA's motion. It seems pretty clear the Court wanted to hear more about the Due Process argument.
In contrast, Gura is spent most of his brief on P and I because he's more...
I don't really see the choice of Clement by NRA as that big a deal. Lawyers change sides all the time. Plenty of defense attorneys started out their careers as prosecutors.
As Solicitor General, Ted Olson defended the government's position in the Campaign Finance Reform case before Supreme...
251 Members of Congress and 58 Senators signed a brief in support of McDonald today. http://www.nraila.org/News/Read/NewsReleases.aspx?ID=13139
There is also a state lawmakers brief. http://www.nraila.org/News/Read/NewsReleases.aspx?ID=13140
251 members of the House and 58 Senators including Harry Reid
Bipartisan Majority of U.S. Congress Signs Amicus Brief Supporting NRA's Position in Pivotal Supreme Court Case
Monday, November 23, 2009
Fairfax, Va. -- An overwhelming, bipartisan majority of members of the U.S. House...
Compensation of 50 highest paid execs of trade associations, interest groups, unions
I see a lot of organization execs on here that do considerably less than NRA or Wayne LaPierre and who make significantly more than Wayne allegedly makes.
The Top 50: By Compensation Only...
If So, Urge Your Mayor To Resign From The Bloomberg Coalition Today
Current members of "Mayors Against Illegal Guns"
Some local mayors have joined "Mayors Against Illegal Guns" (MAIG) which was founded and is funded by activist anti-gun billionaire and New York City Mayor Michael Bloomberg...
S. 1390, the National Defense Authorization Act is a critical bill.
urge your Senators to cosponsor and support the Thune-Vitter interstate right to carry reciprocity amendment to S. 1390 (National Defense Authorization Act) when it is voted on this week.
The amendment is named after Senators...
http://www.nraila.org/Legislation/Read.aspx?ID=5063
Monday, July 20, 2009
Contact Your U.S. Senators TODAY And Urge Them To Support Your Right To Self-Defense by voting YES on the Thune-Vitter Amendment!
The U.S. Senate is now considering the National Defense Authorization Act (S...
This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
By continuing to use this site, you are consenting to our use of cookies.