Quick read: Gov't says, yes, it's an individual right. BUT we join with DC in asking Court to reverse the DC Circuit, because it applied strict scrutiny to the DC law. It should only have applied an intermediate standard. That is, the legal position of the US is that DC Circuit was wrong, a complete ban on handguns is NOT per se unconstitutional, it all depends on how good a reason DC can prove for it.
And this is filed in the name of the Solicitor General. [More]
The brief is here.
I trust no one is surprised by this fraudulent neocon pawn in the White House? You shouldn't be. They made their position crystal clear back when then-Solicitor General
Ted Olson submitted briefs arguing that "the Second Amendment [is] subject to reasonable restrictions designed to prevent possession by unfit persons or to restrict the possession of types of firearms that are particularly suited to criminal misuse."
And naturally, government--the body the Second Amendment was intended as a people's check and balance against--is the arbiter of
who and
what. We've just seen the path for
half of the pincer cleared--this is the other. They've been telegraphing their moves while we squabble over arcane details.
Anyone surprised by this latest rape attempt hasn't been paying attention. Republican Kool-Aid (who
else you gonna vote for?) has a tendency to blur the vision and hearing. Mix that with a preponderance of denial and just about any sleight of law is possible.
Think about the language: "types of firearms that are particularly suited to criminal misuse." That was what they said back when they asked the court not to hear
Emerson. Here's what they say now:
Congress has enacted numerous laws regulating firearms. Those statutes include restrictions on private possession of types of firearms that are particularly susceptible to criminal misuse. The United States has a substantial interest in the constitutionality and effective implementation of those laws.
At least they're consistent.
Tell me--with a straight face--that can't--and won't--be interpreted to mean
any type of firearm, depending on what a particular jurisdiction thinks it can get away with, and that
stare decisis won't then be used to bind communities where such sentiment does
not prevail. That's what the federal courts
do.
I see people already commenting that this or that Republican presidential candidate would not allow this on
his watch. I hope they're right, but now it's time to find out. Anyone with contacts in any of the campaigns, let's make a concerted effort to see which one(s) will issue a clear, immediate and unequivocal denunciation of this latest treacherous act of sabotage--and pledge to not only rein in the "Justice" Department, but to start the process to repeal the very laws we have to march through bloody hell to take to court--only to have the doors slammed in our faces when we get there.
UPDATE: Uh-oh. I'm in trouble
now...