February 2008

U.S. Senator Kay Bailey Hutchison (R-TX) led the charge in the U.S. Congress where she, and 54 other Senators, along with 250 U. S. Representatives and Vice President Dick Cheney signed on to one of the many amici filed in the D.C. vs. Heller case. Senator Hutchison also authored an article containing rationale on how the D.C. Gun Ban affects the entire nation.

In the article, Senator Hutchison concludes:

The U.S. Supreme Court has the perfect case to affirm an individual’s Second Amendment right to self-defense. Though gun-control advocates have questioned this through the years, Congress never has.

From the Freedman’s Bureau Act of 1865 to the Property Requisition Act of 1941, Congress reaffirmed the solemn position of the U.S. as a defender of one’s right to protect his being and his home with an operable firearm. I hope the Supreme Court will affirm the individual right to self-defense with a firearm so that it is clear and unambiguous.

It is an opportunity, perhaps, of a lifetime.

Meanwhile, Texas Solicitor General Ted Cruz, organized the Solicitors General from 31 States in filing another amicus brief. The 31 states filed a brief explaining that “the individual right to keep and bear arms is protected by the United States Constitution and the constitutions of forty-four states.” The 31 amici states also note that “the District of Columbia’s categorical gun ban is markedly out of step with the judgment of the legislatures of the fifty states, all of which protect the right of private citizens to own handguns.”

Ted Cruz will argue the States’ rebuttal to the petitioners ‘state militia’ before the Supreme court. Alan Gura, one of the attorneys arguing the case on behalf of Heller, has allotted time for Ted to engage the Court’s attention.

Gura, in his post The States Weigh In speaks highly of Ted Cruz, while allowing as how the U.S. Solicitor General, with their failure of principle and logic, can get their own time for arguments.

The opportunity to collaborate with so many old friends is among the many perks of working this case. Among our amici briefs coming this Monday, we expect a brief from over thirty states, voicing support for the individual right view and rejecting the Petitioners’ “state militia” theory, authored by Texas SG Ted Cruz. I’ve known and respected Ted for many years for his legal (and poker) acumen. Considering the significance of this brief, we’re delighted to consent to Ted’s request for ten minutes of argument time. [Ted and I had discussed dividing argument time at the D.C. Circuit stage, but we did not have enough time to divide.]

Of course, we would not begrudge the U.S. Solicitor General’s desire for argument time as well. However, considering his position is adverse to our clients, it would be inappropriate for him to detract from our argument time. Accordingly, we suggest to the Court that should the U.S. Solicitor General desire argument time, he be granted such time in addition to, and not instead of, the parties’ time.

Thanks to Senator Hutchinson and Ted Cruz – and also to many other significant Respondents Amici, there will be a lot of energy working to save our basic second amendment freedoms.