AHSA Amicus Brief in Heller

[Bartholomew Roberts]

Has anyone read this yet? It is listed under "Maj. Gen John D Altenburg, et. al." at SCOTUSblog (a website that is hosted by Akin-Gump, the firm representing D.C. in this case along with O'Melevny).

AHSA (an astro-turf anti-gun group funded by the Democrats and masquerading as a "reasonable gun safety" group) argues that the D.C. law should be overturned on the basis that it violates the D.C. Home Rule Act (thus avoiding the constitutional question entirely).

I am not real worried that the Court is going to take that tack after granting cert and writing a totally different question; but the brief is an interesting read if for no other reason than to see a group that claims to support only "reasonable gun regulation" try and address the Second Amendment while at the same time argue that all kinds of regulations are acceptable.

 

[green-grizzly]

I actually thought it had quite a lot of good information about the CMP and other such issues. It kind of approaches the 2nd amendment the way Miller does. But their conclusion, seeking to avoid the 2nd amendment question entirely, is a repeat of what the NRA tried to do when they were attempting to sabotage the case. It also directly ignores the court's "Question Presented." I motion for sanctions.

I doubt the generals knew they were being played for fools. But it really just adds more reasons why we should not take people's guns away, so I see there being little chance of any harm being done.

 

[damien]

There are so many amicus briefs that I don't think they are even going to read this one.

 

[baz]

There are so many amicus briefs that I don't think they are even going to read this one.

I imagine every brief will get read; if not by a Justice, then by a clerk. I would have a clerk read them all, prepare a synopsis of each, and recommendations on the ones to pay especial attention to. Hopefully they'll do the same. I would hate for a good brief to go unread just because there are so many of them.

 

[legaleagle_45]

I imagine every brief will get read; if not by a Justice, then by a clerk. I would have a clerk read them all, prepare a synopsis of each, and recommendations on the ones to pay especial attention to.

That is exactly what happens. The staff for each justice will read every single brief and provide the justice with a summary. The justice will, of course, read the petitioners' brief and the respondent's brief and all others that spark his/her interest based upon the summary provided.

 

[Deavis]

I thought the parties in the case had to approve amicus that were filed. If so, I'm a little shocked that Gura would let them file since certinaly he knows what they are.

 

[ilbob]

I would be ashamed to write a brief that on the one hand claims the utility of having armed citizenry than later in the same brief claim that a DC style gun ban is indeed acceptable. It tells you a whole lot about AHSA.