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This is coming from Alan, who sat and listened to the oral arguments heard yesterday by the Supreme Court. It's troubling that anyone can argue the 2nd Amendment is a privilege which can be given or taken away much like our drivers license. The 2nd Amendment is a part of the Bill of Rights and therefore a Right!!! Anyway, enough of my rant. Here are the impressions from Alan.







Get yours:





EYEWITNESS REPORT
Mar. 2, 2010

[Out of D.C. and now on a ranch in Texas; didn't have time to get this report out before catching my flight; this is only partial, will need details and fill in many blanks, that will have to come later, better to get the basics out now, thanks for understanding.]

This case was way more complicated than Heller.

Both attorneys faced hostility from the bench. Chicago's lawyer got hit from all sides with little in the way of what you might call support. But the surprise was the way Alan Gura got blasted, even by the best friend gun-rights has up there, Justice Scalia.

Whoever or however we believed the Court might be ready to review the Privileges or Immunities clause of 14A was totally wrong. Every Justice had problems with the scope of such a decision, and poor Gura had to withstand withering assaults on his reasoning and approach.

I definitely need a transcript to go over what exactly happened, I thought audio was weak in chambers, complexity was way large, and in chatter afterwards found I wasn't the only one. How those aging Justices keep up -- and they did, note for note, cite for cite -- is a bloody miracle.

BOTTOM LINE -- it looks like the Heller majority may hold together for this case, and the Second Amendment will be incorporated against the states, under the familiar selective incorporation of Due Process. The same 2A that controls federal activity will apply to the states, no more, no less, though that issue of degree got a lot of attention. Not that the scope of 2A is all the well defined, but there was animus to the idea that incorporation would yield a "shadow" version for the states.

Gura may get the win, but not for any brilliant strategic planning -- there was open hostility to the idea, central to his arguments, of 2A being a Privilege or Immunity of citizenship (I'll discuss soon). The win, if there is one, may be more of a result of the bench being unprepared to treat 2A as some special bastard child the states do not have to follow, unlike the rest of the Bill of Rights that has been incorporated so far.

And let me tell you, thank God for the NRA. They took a lot of heat for asking for and getting some of Gura's oral argument time, using Paul Clement who had argued the government's unsavory position for a low standard of scrutiny in Heller, getting their hat in the ring. That turned out to be baloney, they were life savers. Considering the ferocity with which Gura and P&I were attacked, we were lucky to have at elegant, articulate, eloquent voice to apply 2A through Due Process. (Don't get me wrong, Chicago fared just as poorly, but for different reasons.)

Clement's arguments were so well made and so compelling, he got to speak at length without interruption, with the Justices in rapt attention. I asked him about that afterwards and he said yeah, it was really nice getting some "air time."

There's so much more to tell, the back-and-forth over substantive and procedural due process, and the -- un-frickin-believable -- lengthy consideration by the Justices of how much RKBA we'd enjoy if there was "no Second Amendment" (protected instead as a privilege or immunity), plus Breyer's astounding hostility towards guns in general ("guns kill!"), and Stevens' 'parading around with guns' concerns... it'll have to be later (been on the go since 5:30 a.m., probably when I return to Phoenix, beginning of next week.

It was an honor and a thrill witnessing it all.

Alan.






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Alan Korwin
Bloomfield Press
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
gunlaws.com / Bloomfield Press
alan@gunlaws.com
Call, write, fax or click for our f r e e full-color catalog

If you can read this, thank a teacher.
If you're reading this in English, thank a veteran.

"No one could make a greater mistake than he who did nothing because he could do only a little." --Edmund Burke

Guns Save Lives
Guns Stop Crime
Guns Are Why America Is Still F r e e

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PAGE NINE -- No. 80 -- SPECIAL

by Alan Korwin, Author
Gun Laws of America
Get yours:





EYEWITNESS REPORT
Mar. 1, 2010 (Late)

[Bawky hotel computer connection -- excuses for bad format, reserve the right to correct quickly made word choices etc.]

I'm back in my hotel, having endured the weather in front of the U.S. Supreme Court, anticipating oral arguments in McDonald v. Chicago in the a.m., the case that will decide the standing of our Second Amendment rights in the 50 states.

Well, people are lining up allright. Young people who can withstand it.

It's bitter cold with a 20 MPH wind, but if you've decided to come here for the latest most seminal gun-rights case imaginable that's not going to stop you.

At 5PM when I arrived (night before the oral argument) there were eight people awaiting seats for tomorrow's McDonald v. Chicago 14th Amendment/Second Amendment case. By the time I left, with my feet too numb to feel, there were thirteen people trickled in, including a GW law-school student and her Mom who brought an air matress and a comforter. When I cell-phoned some of the stalwarts later, before beginning this draft, I was told there were nearly 50 people there, including 15 or so high-school students who decided to rough it and see a landmark case at the Supreme Court. Only 50 are guaranteed seats, so the window of opportunity is pratically closed. The Marshall's office expected the crowd to develop in the a.m., looks like they'll be SOOL. Coulda been worse -- for Heller, the line started TWO days ahead of time. This night-before stuff is child's play. But it's COOOOOLD.

As usual, the hale and hearty on line are more knowledgable about this case
than most of the public (and the media -- Wash Post made their above-the-fold front-page story today a referendum on Justice Scalia, read like an unsavory biography (they don't like the guy!), instead of the merits of the case; what facts Court reporter Robert Barnes did provide were out of whack, thin, misleading, pretty standard for that rag. Guess what they chose for an illustration -- a picture of Chirs Broughton carrying his AR-15 at the Obama rally in Phoenix!! I kid you not. That makes sense, right? The Wash Compost's idea of a gun image is a months old piece of discriminatory controversy, not something depicting basic human rights).

We had dynamic chats on the street about the premise of the case (the Post barely touched it), constitutional realities, the unknowns, the likely outcomes, the vote -- Mike the blogger, incredibly knowledgable and with past cases at his fingertips with such detail and a tongue too fast even for me to follow, predicts a 9 -0 result -- the Court will not overrule its Heller jurisprudence, and even hopelessly anti-gun-rights Ginsburg will forgo her hatred of 2A to reintstate 14A, or so he believes. Robert Cumberland flew in from Californai and is first in line -- and he knows his stuff. This case affects him more than even Heller -- that case set the groundwork, but this is the one that might actually force reinstatement of his abrogated rights, and he wants to be here to see it.

The carnival atmosphere is definitely lacking, there isn't a single camera crew set up -- at Heller there were dozens at this point, but no doubt there will be some tomorrow. Yet this case stands to have more net effect than Heller, it just doesn't break ground in the same way. Dick Heller was out there after I left (phone tips from the folks I met, seven men and one woman), chatting up the crowd, enjoying his 15 years of fame, his nephew plans to be on line to see the proceedings, some guy named Robert is holding a place in line in the freezing cold for a party unnamed, at $20 an hour. Dan Schmutter, attorney for JPFO dropped by to see what's up, this is definitely the hot ticket in town -- all seats in Chambers are reserved, save for the precious few for the rabble (what we call the public).

Perhaps the most telling perspective came from a British theology professor visiting here, met in a bar on the frigid way home -- he thinks the only rights you legitimately have are those the government gives you. You can have a gun if government "allows" it, with no ammo, locked in a locker, and this is freedom. If he was on the Court we'd be doomed. I'm not making this up.

Exhausted, need to pack, will observe tomorow and provide my observatiosn soon. Real soon.

Alan.




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Supreme Court Gun Cases is now available as a complete and fully searchable PDF eBook online or as a mailed CD (for a fraction of the original 672-page book's price, which is now out of print).
Supreme Court Gun Cases

The Heller Case: Gun Rights Affirmed! has the complete case that saved the Second Amendment, with 400 key quotes highlighted and plain English analysis, plus summaries of the first 96 gun cases the High Court has decided.
The Heller Case: Gun Rights Affirmed!

Alan.

Remember: In Heller, when we waited with bated breath for the bottom-line result we wanted to hear "Affirmed." And we did. In this case, we're rooting for "Reversed." That means the lower court decision supporting Chicago's gun-rights denial, which is being challenged here, is overturned.





The McDonald v. Chicago petitioners website, with background:
ChicagoGunCase.com

The amicus brief joined by Bloomfield Press:
BLOOMFIELD PRESS McDonald v. Chicago amicus curiae brief

Background on all Supreme Court Gun Cases:
Supreme Court Gun Cases

My initial summary and press release on the issues:
McDonald v. Chicago Amicus Brief

Every amicus brief filed:
Merit Briefs for February Supreme Court Cases, Term 2009-2010 (ABA Division for Public Education)

Supreme Court official website:
Supreme Court of the United States



Alan Korwin
Bloomfield Press
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
gunlaws.com / Bloomfield Press
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)



If you can read this, thank a teacher.
If you're reading this in English, thank a veteran.

"No one could make a greater mistake than he who did nothing
because he could do only a little."
--Edmund Burke





At least look, cool things to see:







Alan Korwin
Bloomfield Press
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
gunlaws.com / Bloomfield Press
alan@gunlaws.com
Call, write, fax or click for our f r e e full-color catalog

If you can read this, thank a teacher.
If you're reading this in English, thank a veteran.

"No one could make a greater mistake than he who did nothing because he could do only a little." --Edmund Burke

Guns Save Lives
Guns Stop Crime
Guns Are Why America Is Still F r e e

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