During the recent Gun Rights Policy Conference I had the opportunity to chat for a few minutes with attorneys Alan Gura and Robert Levy, the co-councils in Parker v. DC, the Second Amendment case being considered for review by the Supreme Court.
Levy and Gura told me that we were placing too much significance on the recent DC Circuit statement about the limits of the case. Honestly, I can’t understand how our analysis is flawed, but there is much about America’s legal system that is completely incomprehensible – especially to laymen like me.
Levy and Gura say that the Circuit Court’s statement that their decision was only about handguns does not change the case at all and that the case will decide the fate of entire sections of the DC law, not some parsed sub-sections as we had feared.
Another aspect of the case which we thought was very important and for which we held out great hope, Levy and Gura dismissed as being of limited value and an unlikely eventuality. They have petitioned the Supreme Court to reinstate standing for the other plaintiffs in the case, but expressed doubt that the Supremes would take that step. Our reading of the decisions from the Circuit Court suggested that the CC was actually begging the Supremes to reverse their no-standing decisions and that since the CC decision was based on CC precedents which are in direct conflict with Supreme Court precedents, we thought this was a likely possibility. Again, I don’t understand why exactly Levy and Gura think differently, but they are the attorneys in this case and I’m not an attorney at all.
Of course, in the end, while Levy and Gura’s speculation is probably better founded than my speculation, it really is all just speculation and could all be completely wrong. The Supreme Court could shut all of us down by simply refusing to hear the case or they could surprise us all by taking some vastly different approach on it. As Mom noted in her letter accompanying the latest Hard Corps Report, guessing what the Supreme Court might do really is pointless, but it is interesting in a masochistic way.
The Supreme Court should announce a decision about this case by early November and in the mean time the best source for information on the case is Levy and Gura’s official information page at: http://www.dcguncase.com Their response to DC’s outrageous petition for certiorari is the most entertaining legal document I’ve read in a long time and I highly recommend it.
As always, we’ll do our best to keep you updated to any developments.