The Black Bear Blog is disappointed with Gura's argument..
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... because they feel he was conceding too much. Lots of people have that viewpoint. I'm not as concerned about it as most, because we have to keep in mind the question that's being ruled on in the case. This is a case about an absolute ban on functional firearms. The only goal in this case is to get the Supreme Court to strike down DC's gun laws, and in doing so, say that the 2nd Amendment protects an individual right which ordinary citizens can invoke against complete bans on functional firearms or certain classes of firearms. That's a very, very, very big step for the court to take. Remember how difficult it has been to get any court to admit to a 2nd Amendment right in any situation at all. If we push for too much here, we might lose the whole thing. Our strategy is simple:
The best outcome for our side is actually not a "strict scrutiny" ruling that would immediately overturn everything we object to. Such a ruling would cause all kinds of chaos and disruption. We need to take it one step at a time and demonstrate to everyone that the world does not end at each step. That said, some of the questions directed at Gura could have been handled better -- from a comfortable armchair with all the time in the world and no pressure. As far as I'm concerned he did a great job, better by far than I could have done. |
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