Federal Judiciary

Oral Arguments are Next Tuesday on the DC Gun Ban, and the Solicitor General May Change Course

By AndrewHyman

Oral arguments are scheduled for Tuesday, March 18 in the DC gun rights case, which I previously wrote about here at ConfirmThem. Robert Novak reports today that President Bush is supporting the position expressed by the bipartisan congressional majority (including Vice President Cheney and Senator McCain), in support of the DC Circuit opinion by Judge Silberman. It?s also rumored that Solicitor General Paul Clement will get in line with that same position during the oral argument on Tuesday.

That?s good news about Clement. My preference would be for the Supreme Court to simply overturn the DC gun ban as violating the DC Home Rule Act, because there's no need to reach the constitutional issue. But the next best thing would be to affirm Silberman?s opinion. Worst of all would be to gut the Second Amendment by allowing the DC gun ban to stand while the matter is remanded to the DC Circuit.

One of the amicus briefs argued that the DC gun ban violates the DC Home Rule Act. I agree. Not only does the handgun ban undermine federal marksmanship programs, but it also violates the stated purpose of the Act to "relieve Congress of the burden of legislating upon essentially local District matters." This handgun ban conflicts with nationwide traditions of individual rights, and conflicts with longstanding congressional policy, so it is not "essentially local." The DC Home Rule Act says that legislative power of the District "shall extend to all rightful subjects of legislation within the District consistent with ? the provisions of this Act," and that bars legislation that is not essentially local in nature.

After the handgun ban is history, Congress ought to make some more history by approving a constitutional amendment giving DC citizens full representation in Congress.

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Full post as published by ConfirmThem on March 13, 2008 (boomark / email).