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.
In general, lawful gun ownership is a pretty simple matter. The Founders established gun-owner rights so that citizens would possess and be able to exercise the universal right of self-defense. Guns enable their owners to protect themselves from robbery and assault more successfully and more safely than they otherwise would be able to. The danger of laws like the D.C. handgun ban is that they limit the availability of legal guns to people who want to use them for legitimate reasons, such as self-defense (let alone hunting, sport shooting, collecting), while doing nothing to prevent criminals from acquiring guns.
At Virginia Tech last spring, 32 people were gunned down in a gun-free zone. At Columbine High School in 1999, 13 innocent people were killed. In a Killeen, Texas, café in 1991, 23 died at the hands of a gunman run amok. And in a Southern California McDonalds restaurant in 1984, 21 lost their lives when a shooter went berserk. These are just a few of the shooting incidents around the world, all enabled by the same failure: there was no way to stop those responsible for perpetrating the killings.
“The gun has been called the great equalizer, meaning that a small person with a gun is equal to a large person, but it is a great equalizer in another way, too. It insures that the people are the equal of their government whenever that government forgets that it is servant and not master of the governed. When the British forgot that they got a revolution. And, as a result, we Americans got a Constitution; a Constitution that, as those who wrote it were determined, would keep men free. If we give up part of that Constitution we give up part of our freedom and increase the chance that we will lose it all. I am not ready to take that risk. I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive.” — Ronald Reagan
