1/20/2008

The backlash to DOJ DC gun ban brief

The Washington Post discusses the reaction to the Bush Administration's brief here:

The Bush administration's position in the case before the Supreme Court on the constitutionality of the District of Columbia's ban on handguns has created an unexpected and serious backlash in conservative circles, disappointing gun enthusiasts and creating implications for the presidential campaign.

The government's brief, filed by U.S. Solicitor General Paul D. Clement just hours before the court's deadline Jan. 11, endorses the view that the Second Amendment conveys an individual right to gun ownership, a finding long sought by gun rights activists.

But it also said an appeals court used the wrong standard when it struck down the District's ban on private handgun ownership, and it urged the Supreme Court to return the case to the lower court for review.

If the justices accept that advice when they hear the case in the spring, it could mean additional years of litigation over the controversial Second Amendment and could undo a ruling that was a seminal victory for gun rights enthusiasts. . . .


The piece notes that Senator Fred Thompson spoke out against the brief, though it doesn't make clear that he was the only one to do so.

In a debate last week in Nevada, all three major Democratic candidates pledged their fealty to the Second Amendment -- "People have a right to bear arms," Sen. Hillary Rodham Clinton (N.Y.) said -- although none mentioned the District's handgun ban.


As I mentioned in an earlier post, it would seem that it was the moderator's job to put the question squarely to them.

Here was my earlier take on all this.

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