Constitutional Law

Brady on Heller: "we're glad we lost"

At the Brady Campaign Blog. Where they claim that NRA's initial opposition to the suit was inspired by fears that, with gun confiscation off the table, the organization wouldn't do so well.

I heard a lot of discussion about taking a Supreme Court case 2000-2006, and the only concern was "no one can predict, or even rationally guess, the outcome." As one very pro-2A law prof said "I can see where you get two votes; I can't see where you get the other three." Law is always a roll of the dice; the question is whether you like the odds. Heller's team did, rolled the dice and won.

I can tell you that during the oral argument, there was a breathtaking moment when Justice Kennedy showed his hand (for the first time; where he stood on the 2A was completely unknown). I'm told the DC advocate's face fell as he realized he'd probably lost the fifth vote. The Chief Justice's questions had signaled he was all for an individual right at that point, I think. Alito was unknown, probably our way, and then he tipped his hand, too. We had five votes. But until then it was a cliffhanger.

Full post as published by Of Arms and the Law on July 24, 2008 (boomark / email).