Say what you will about Ashcroft, it was his DOJ that issued the Memorandum concluding that 2A protects an individual right. If SCOTUS takes the D.C. v. Heller case, it will be very useful "atmospherics" if Heller can argue that it's the current view of both of the other branches of the federal government (executive and legislative) that 2A is individual. As of 2005 or so, this was clearly the case. When Congress passed the Protection of Lawful Commerce in Arms Act in '05, it included in the statute some powerfully worded "findings" to the effect that 2A protects an individual RKBA that is also incorporated against the States by the 14th Amdt. Will the Dem-controlled Congress risk the political hit of denying that position now if the Court takes Heller? Good question.
The point is, if the Supremes take the case, we want the Solicitor General to file an amicus brief telling the Justices that the U.S.'s position is that Parker was correctly decided and should be affirmed by the Court. Such a "nudge" may help convince Justice Kennedy to do the right thing. In a big case like this, the Attorney General plays a role in determining whether the U.S. files a brief, and what kind.
Hearing this about Mukasey gives some hope.
