NRA Supports Pro-Gun Democrats, and Many Democrats Support the Second Amendment
Originally published on Volokh.com Earlier this week, I wrote that NRA would be foolish obey the wishes of Republican activists who want the NRA to endorse only Republicans, and especially to not endorse endangered House Democrats. Here are some data on NRA endorsements, and some of the actions that dozens of House Democrats have taken to merit their endorsements: NRA […]
Remember the Imaginary “National Republican Association”?
Originally published on Volokh.com No, I’m not talking about the Paraguayan political party. During much of the last two decades, various gun control advocates, Democratic partisans, and hard-rightists have claimed that the National Rifle Association of America was really just part of the Republican political machine. “NRA” really stood for “National Republican Association,” they said. Some typical examples of the claim: The 2006 […]
Colorado State University Board Rescinds Ban on Licensed Firearms Carry
Originally published on Volokh.com The ban at the Fort Collins and Pueblo campuses, had been scheduled to take effect on August 1. The prospective ban had been imposed last winter, by a unanimous vote of the Governing Board, and against the express vote of the Student Senate. Congratulations to Rocky Mountain Gun Owners for bringing the […]
Mayor Daley and Other Mayors: Seek “Redress against the Gun Industry” in the World Court
Originally published on Volokh.com April 27 was the tenth annual “Richard J. Daley Global Cities Forum,” held in Chicago. Over a hundred mayors and other local government leaders assembled to discuss global issues. As reported in the Chicago Sun-Times, “Daley convinced more than a dozen of his counterparts from around the world to approve a resolution […]
Diane Wood on the Second Amendment
Originally published on Volokh.com In Justice v. Town of Cicero, 577 F.3d 768 (7th Cir., Aug. 14, 2009), Judge Wood upheld the handgun registration ordinance of Cicero, Illinois. The opinion accurately explained that under the then-current law of the Circuit, the Second Amendment was not incorporated in the Fourteenth. Surprisingly, Judge Wood then asserted that even if the […]
“Reasonable Regulation” and McDonald
Originally published on Volokh.com The following exchange took place during James Feldman’s oral argument today, on behalf of the Chicago government, in McDonald v. Chicago: JUSTICE SOTOMAYOR: Would you be happy if we incorporated it and said, reasonable regulation is part of the incorporation? And how do we do that? MR. FELDMAN: Well, there is the […]
Goodwin Liu on the Second Amendment
Originally published on Volokh.com Boalt Hall Associate Dean Goodwin H. Liu has been nominated to serve on the 9th Circuit Court of Appeals. Some readers and Senators may be interested in his viewpoint on Second Amendment and other constitutional issues related to firearms policy. So here’s an excerpt from his article Separation Anxiety: Congress, The Courts, And The […]
Health Bill and Gun Ownership
Originally published on Volokh.com Today’s Washington Examiner has an article about the concerns that Gun Owners of America has raised about the health care bill which is currently on the Senate floor. I am quoted therein, and I think that GOA has a good point. The Examiner article concludes with a contrary quote: “It is very […]
McDonald Amicus: Don’t Trust Fairman and Berger
Originally published on Volokh.com Erik S. Jaffe has written a very interesting brief for the CalGuns Foundation. In short, the argument is: “Charles Fairman’s and Raoul Berger’s Work on Fourteenth Amendment Incorporation of the Bill of Rights Is Deeply Flawed, Inaccurate, and Should Not Be Relied Upon by this Court.” To make a long story short, during the […]
Institute for Justice Brief in McDonald v. Chicago
Originally published on Volokh.com Counsel of record is Clark Neilly, who was Alan Gura’s right-hand man in Heller. The most important part of the brief is Part III, which begins: “To enslave a class of people requires three basic things: destroy their self-sufficiency, prevent them from fighting back, and silence any opposition.” The brief then goes […]
Congressional Brief in McDonald v. Chicago
Originally published on Volokh.com Available here. Joined by 58 Senators (including 19 Democrats) and 251 U.S. Representatives (including 78 Democrats, although my count here may not be exact). Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) […]
Cato Brief in McDonald v. Chicago
Originally published on Volokh.com Available here. An outstanding brief, as one might expect. The bulk of the brief (21 pages, comprising Part I) shows that from the Founding Era into through the framing of the Fourteenth Amendment, national citizenship was paramount to state citizenship. Part II briefly argues that Slaughterhouse violated canons of constitutional construction–such as […]
