DC Fires Heller case lawyer

Status
Not open for further replies.

DonP

Member
Joined
Dec 25, 2002
Messages
1,294
Location
Chicago area
Check this out ..

First Singer quits now they fire the experienced lawyer that was supposed to present the case in favor of a buddy of Fentys!

Next question, will they use this as an excuse to ask for a continuance, "just to be fair", and allow the new lawyer to properly prepare?

http://extra.examiner.com/linker/?u...2008/01/02/AR2008010201116.html?nav=rss_metro

D.C. Lawyer Preparing to Defend City's Gun Ban Fired

Acting D.C. Attorney General Peter Nickles has fired the city lawyer who had been preparing to defend the longtime District ban on handguns in the high-stakes Supreme Court case this spring.

Alan B. Morrison, who has argued roughly 20 cases before the high court, was asked to leave his post as special counsel by the end of this week, Morrison said today. Morrison had been hired by former Attorney General Linda Singer, who resigned two weeks ago, and put in charge of arguing the handgun case.

The city has appealed to the Supreme Court to maintain the handgun ban after a lower court overturned the ban in the spring. The high court agreed to hear the case, probably in March, which would mark the first time the Supreme Court has examined a Second Amendment case in nearly 70 years.

Singer cited frustration that Mayor Adrian M. Fenty (D) had relied more heavily on Nickles, who had been his general counsel, to make key legal decisions. Upon Singer's resignation, Fenty replaced her with Nickles, a former high-powered corporate litigator at Covington & Burling and friend of Fenty's family.

Nickles met with Morrison on Dec. 21, but did not tell him that he would be fired, Morrison said. Last week, Nickles asked Deputy Attorney General Eugene A. Adams to inform Morrison of his decision.

"I've been asked to tell you that Peter has decided that he will not be relying on you to make the . . . argument before the Supreme Court," Adams wrote in an e-mail to Morrison, which Morrison provided to The Washington Post. "It's a decision he's been wrestling with since you met with him last week. He thought it only fair that you be informed sooner rather than later."

Morrison had taken an active hand, along with a team of lawyers from the city and two private firms, in writing the 15,000-word brief that is scheduled to be filed with the high court on Friday. It is not clear whom Nickles will select to replace Morrison.

In a statement, Fenty declined to talk about specifics regarding Morrison's firing.

"Peter Nickles' expertise in litigation is going to greatly benefit residents of the District of Columbia in our handgun case pending before the Supreme Court," Fenty said. "It is important that he move quickly to build a team and a strategy to maximize our chances of winning this important case."

David Vladeck, a professor at Georgetown Law School, said Morrison's departure would be a major blow to the D.C. team that has been preparing the case.

"This is a case that requires an unusual amount of preparation because one of the issues comes back to, 'What did those folks who wrote the Bill of Rights really mean when they wrote the Second Amendment,' " said Vladeck, who is friends with Morrison and had been consulting on the case. "In addition to needing a good lawyer and appellate advocate, you need someone who has immersed himself in very complex historical sources. Alan has been doing that for two or three months by now. Whoever takes over this case will start many, many, many laps behind where we ought to be."
 
Well, given DC's arguments, it looks like Alan Morrison was spared the experience of being mocked by Scalia from the bench, though I'm sure he's been through it before.
 
I don't know the answer to the good question you pose....but David Hardy has some comments on this development:

http://armsandthelaw.com/archives/2008/01/dc_fires_its_he_1.php#comments

DC fires its Heller/Parker attorney

Posted by David Hardy · 2 January 2008 11:26 AM

Prompted by a comment, I found the story in the WashPo.

I don't know quite what to make of it. A guess: the DC Atty General, a friend of the Mayor, wants the argument for himself? That's quite a feather in the cap. A justice on the AZ Supreme Court once told me that Sandy Day O'Connor said Supreme Court argument were on average inferior to those she heard in the AZ Court of Appeals. Reason was that every AG wants to take the argument for himself, and they're politicians, not litigators. In the Court of Apps, she said, she heard underprepared attorneys; in the Supreme Court she heard underprepared politicians, and she'd put her money on the underprepared attorney.

Or perhaps just "a new broom sweeps clean." DC got a new Atty General, the outside counsel was hired by the old AG, so goodbye.

I'd bet Morrison is NOT happy. The brief must be filed Friday, which means it's now in final form and at the printer's (Sup. Ct. briefs have to be printed, as in printing press). So they waited until he got the brief written and then popped it on him. But then this is DC, where backstabbing is normal business.

Update: Legal Times Blog says that DC refuses to give a reason, and that Morrison said he was viewed as too loyal to the former AG. Via the Volokh Conspiracy.

· Parker v. DC

Comments
Well only one side side showed up in Miller.

Posted by: vinnie at January 2, 2008 12:27 PM


This time our side shows up and theirs stays home;>)

Posted by: RKV at January 2, 2008 12:39 PM


I bet Morrison is as happy as can be. Would he really want to be the one up there trying to defend an indefensible position? This has got to be a face saving attempt by all involved on the DC side of the argument. If they get their heads handed to them come the Court's June opinion, Nickles will be able to blame Morrison for giving them such a poor brief to stand on. Morrison on the other hand will be able to say, "If you had only let me present my case, we would have won." Either way, all will try to distance themselves from any responsibility for a loss. And if they win? Well, who honestly thinks they have a chance of winning? This last step could be the closest thing to a white flag the legal community has seen in some time. Any thoughts?

Posted by: robert12 at January 2, 2008 01:11 PM


Any thoughts? Well, yes, a few.

First, the explanations postulated by Robert and David are plausible.

Second...we could all make a lot of wind by collectively waving our arms.

But at this point I'd go only so far as it seems probable that Morrison's removal is a result of the post-Singer shakedown. Almost as interesting is the question of why Singer herself resigned.

Posted by: Carl in Chicago at January 2, 2008 01:47 PM
 
I could see DC filing repeatedly for continuances as lawyer after lawyer is removed from the project in a string of firings, terminations and appointments. This sounds like the last, best way to get the case delayed until a liberal can get the white house or a pro-2a judge kicks the bucket and Bush or his successor has to appoint a new SCOTUS justice via a left-leaning Congress.
 
I doubt they'll get a continuance for firing their own attorney.

I'm not sure that losing a case will be a great feather in someone's cap.

I really think that DC will lose this specific case. I have no idea how much of an impact the ruling might have; it could be quite narrow, and might just end up forcing DC to allow an expensive, tedious and very restrictive licensing process for new handgun owners. But DC really doesn't have much of a leg to stand on with its total ban, and their arguments that sound like "We really need this ban! We really want it!" hold no water with judges, on the right or the left.
 
I love it:D.

Fenty: What the hell, Morrison, you were supposed to make the court think we allow rifles and shotguns and only ban handguns. You weren't supposed to let them think all guns are banned unless they are non-functional. Your petition made us look like fools!​

Morrison: They saw right through that, mayor, and went right to the core issue. You decided to pursue this loser of a case, now you can live with the result. I'm outa here.​

DC's question: Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns.

Heller's question: Whether the Second Amendment guarantees law abiding,
adult individuals a right to keep ordinary, functional firearms, including handguns, in their homes.

Court's Question: "Whether the following provisions, D.C. Code §§ 7-2502.02(a)(4), 22-4504(a), and 7-2507.02, violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes? "

I think the City didn't want the court to see the ordinances as a ban on all firearms because they knew it would be a loser. The author of the grant of cert thinks the law bans all firearms (as does Heller) and considers allowing only non-functional firearms to be the same thing as banning all firearms. The City knows full well that the question of individual right vs collective right is not likely to come out in favor of a collective right. A decision in Heller's favor will keep the city in court for years and years, and take away their ability to make everyone disassemble their shotguns until the robbers are breaking down their doors.
 
violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia,
Am I the only one noticing that SCOTUS just held that the 2nd Amendment is, at minimum, an individual right? They wouldn't have asked the question that way if there was any doubt to the "individual right" view.
 
You're not the first to notice their rephrasing of the legal question in Heller.

Several of the law school blogs picked up on it as well. I'm trying to keep an open mind on the issue (guilty of hoping too much?) but the way it was restated seems to indicate a strong pre-dispositiion towards the individual rights interpretation which would mean curtains for the DC and Chicago style de-facto bans.

But once that's settled, IMHO, it will be the local ability to regulate firearms that will become the gun grabbers new hobby horse to ride and they will act like the collective argument never existed in their fevered brains.

You know, the old "... well maybe we can't completely ban them, but we can put in terribly onerous regulations to make it difficult, expensive and time consuming to register firearms" ploy.

I expect the Morton Grove and Chicago gun ban ordinances to be the next ball that gets teed up for SCOTUS review.

I just hope they don't wait another 70+ years to do it.
 
DC's lack of insight in hiring only one attorney in stead of a team will not be looked upon with much charity by the Court.

ctdonath said:
Am I the only one noticing that SCOTUS just held that the 2nd Amendment is, at minimum, an individual right? They wouldn't have asked the question that way if there was any doubt to the "individual right" view.

I saw that back in [thread=317932]November, Thread #317932, Page 8, Comment #194[/thread]:



Me said:
I think the Court just did that with the way they phrased the question:

“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

That tells me the Court recognizes that an individual has standing here. They are not asking whether the individual has such a right, but if that right is violated by the DC Codes.

Woody

"There is nothing to fear in this country from free people. But, when freedom is usurped, there is something to fear for people will revolt to remain free. To all usurpers, do the math. But don't wonder the outcome when you miscalculate." B.E.Wood
 
There could also be an attempt here by the Court to parse the right to keep and bear arms into two separate rights - "— violate the Second Amendment rights of individuals —" - thereby making their ruling on the narrowest grounds possible, not addressing the "bear" half of the right so that DC won't be forced to allow people to carry their arms either open or concealed, while "allowing" the people to keep their arms in a ready condition in the home and to actually buy arms.

Woody
 
not addressing the "bear" half of the right so that DC won't be forced to allow people to carry their arms either open or concealed
The second law indicated in the question specifically forbids carry (to wit: bear). In DC, the problem is that particular law is read so broadly that one cannot move a registered (i.e.: legal) handgun from one room of a house to an adjacent room. This particular law must fall for "keep" to have any practical meaning in DC. Unfortunately for DC, tossing the prohibition against moving a gun from one room to another means tossing the prohibition against carrying a gun "in public".
 
DC's lack of insight in hiring only one attorney in stead of a team will not be looked upon with much charity by the Court.
There were two law firms supporting DC when the Petition for Certiorari was filed. Akin and another one.
 
ctd: Excellent.

And I wonder what happens if they get to SCOTUS without a lawyer.

Sounds like this buddy of Fenty's is going to @#$ people off. That should help their case. Just go in and TELL the Justices how it is in DC. So there;)

If it goes against them, I have expect them to refuse to comply.

Does anyone else enjoy the ironic image of the National Guard being called out to enforce Second Amendment rights?:D
 
I could easily see an unspecified "right" to pistols, rifles, shotguns. No mention of features or MGs, and no mention of carry.

It's a start.

It's an important start.

If the 2nd Amendment is upheld as an individual right, and that becomes specific SCOTUS precedent, THEN the really interesting stuff begins.

That's what's happened with just about every other part of the BoR. What exactly IS "speech" or "the press" or "religion", etc.? Lots of cases have been decided to answer these questions.

This decision, at best, will provide a basis upon which to push for more definitions. But it will be a strong foundation.
 
Is it possible for DC to withdraw their appeal? I mean, might they realize their arguments are weak, and fearing a precedent-setting SCOTUS decision that will affirm the Federal court, might prefer that they not hear it at all? Is this even possible given they have already agreed to rule on the question?

It's been sixty years, perhaps the antis don't mind waiting a few more decades for a more sympathetic court. Or am I just reading too much into these recent departures?

I need an expert answer, not speculation. I can do that myself.
 
MadMike, You might wish to look at what Andrew Jackson said when the USSC ruled that the laws passed for seizure of Indian lands and the forced removal of said Indians, Trail of Tears, were not legal or Constitutional.

These illegal actions went forward against a USSC ruling and the Slaver Andy Jackson said "If the Court wants to stop it they can, but he would not follow their ruling and enforce it." or words to that effect.

If you have a political group which does not wish to follow the Constitution and they have the raw power, then they will not follow the Constitution.
 
V35, I think that both sides filed appeals. So if DC withdraws there's still the other to go forward. There will be a decision and opinions.

Usmarine, that's always been one of the risks in this appeal. Despite what some of us want to believe, there's no predicting the outcome and the stakes are high.

It's a sign of wisdom and maturity to be nervous.
 
madmike said:
If it goes against them, I have expect them to refuse to comply.

Does anyone else enjoy the ironic image of the National Guard being called out to enforce Second Amendment rights? :D

Delicious. "Here, please go ahead and use this M-16 until you are able to acquire a firearm of your own."

Except... Washington DC has no actual National Guard, right? Where's that well-regulated DC militia, anyway? Oh, right... :banghead:
 
Except... Washington DC has no actual National Guard, right

Actaully they DO apparently have a D.C. national guard (I was kinda surprised myself). http://dcng.ngb.army.mil/ Not that it matters, as the 2nd has nothing to do with the national guard anyway, just putting it out there since it came up, and I was surprised and found it a little interesting a federal enclave would have its own national guard likes states do...
 
Status
Not open for further replies.
Back
Top