Thompson: Bush Admin overlawyered DC 2A case [NRO Update]

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Fred Hits DoJ for "Overlawyering" Gun Rights Case

Gun rights advocates were understandably dismayed when the Bush Administration Justice Department submitted a brief in District of Columbia v. Heller, the big Second Amendent case to be argued later this term, calling for a remand of the case for reconsideration of D.C.'s gun laws under a less demanding constitutional standard. Given the Bush Administration's support for an "individual rights" view of the Second Amendment, many find it incomprehensible that the Administration would not support the D.C. Circuit decision holding D.C.'s draconian gun restrictions unconstitutional. The DoJ's brief is also a potentially unwelcome development in the Presidential race, as it could dampen gun owners' support of GOP candidates.

I do not know whether any of the other campaigns have taken notice of the DoJ brief, but Fred has. As reported on RedState, Thompson accused the administration of "overlawyering" the case. After all, if an individual rights view of the Second Amendment does not proscribe an outright ban on handgun possession, there is not much left of the rights it purportedly protects.

The Fred Thompson for President, South Carolina bus tour reached Spartanburg today, where the Law & Order TV star candidate fielded questions at Papa's Breakfast Nook from Charlotte, N.C.'s WBT-AM radio talk show host Jeff Katz.

Asked his opinion of the Second Amendment and the Solicitor General's request that the DC Circuit Court remand the appeal back to the trial court for "fact-finding", the lawyer turned Senator from Tennessee said the Bush Administration was "overlawyering" and stated that he opposed remand and that the case should move forward to the U.S. Supreme Court.

The DC District Court in an opinion written by Judge Silberman, struck down the DC ban on the possession of hand guns even in one's own home. Judge Silberman ruled that the Second Amendment protected an individual right to protect one's home with arms that pre-dates the Constititution.

Fred echos many of my sentiments in Rep. Cantor's recent blog on the subject:

Strict scrutiny would allow regs to prohibit arms of mass destruction, as a compelling interest, and in any event, there is no need for "fact finding." Fact finding is a ruse of delay. The SCOTUS can decide the issue based on the principle. There are no facts that would justify banning hand guns from homes. I have found the level of scrutiny jurisprudence to be more of a game than a serious exercise anyway. And I have tried hundreds of cases and argued scores of appeals in the 4th circuit. Lower levels of scrutiny simply pave the way for more governmental power. And that is what the Administration is about.

I went on to say that

I have never owned a gun but have always considered it obvious that it is a right from God to defend one's self and family. One of those inalienable rights.

I do think the meaning of the second amendment is debatable from a lot of angles, but certainly no angle that would allow the government whose founders signed the Declaration to deny We the People the MEANS to preserve our lives, liberty and pursuit of happiness, and certainly that would be the case if only the forces of evil and the government are armed.

Moreover, I know from experience that 99% of the time when lawyers demand remands for fact finding its a ruse, a delay tactic. There are no "facts" to find on this.

I also know that the courts regularly make huge logical leaps to do what they want no matter the "level" of scrutiny.

I think this was the culture of Washington at work at the last minute simply being unable not to fight for more power.

We the People wrote the U.S. Constitution for We the People, not We the Lawyers, and

We must never let the elites claim that only they can tell us what the Constitution means. That is a usurpation of the power we took from the King, transferred to five lawyers.

The elites construct an edifice of words to make things complicated to give themselves power.

The Constitution is written and Fred Thompson gets it.

Mike Gamecock DeVine @ The Charlotte Observer
The HinzSight Report
The Minority Report
Huck is history in the Race 4 2008
"One man with courage makes a majority." - Andrew Jackson

"It is our choices that show what we truly are, far more than our abilities." ~Professor Dumbledore

He gets it AND he has the record to back it up (credibility).
Redneck Hippie

The case is Taylor made for fred and the timing is perfect for SC.
"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."
-Thomas Paine: The American Crisis, No. 4, 1777

and have been looking for a press release from Fred on it. However, since a press release is a wasted effort if the press ignore it, this statement is probably more effectual by going to the people directly.
Redneck Hippie

They ask all the candidates the questions conservatives want asked and let the chips fall. McCain is getting hammered here.

Mike Gamecock DeVine @ The Charlotte Observer

and thoroughly objective, never biased toward Fred, reporting. Suggested subtitle, And the lady was a lib.
Redneck Hippie

be vigorously pressed. Press on gamecock! Your intrepidity is only exceeded by your...never mind!
Redneck Hippie

"a press release is a wasted effort if the press ignore it"

So true. Is this why so many people seem to think that Fred hasn't been campaigning hard?

Slightly off-topic question: Will Mitt and Fred split the conservative vote and let McCain slip past them? Michigan seems to show that conservatives prefer Mitt over McCrazy.

The "Third Worst Person in the World" and aiming higher.

Too fluid too say.

And though each of the candidates appeal to different groups, none of them have drawn their support exclusively from those groups. Not even Huckabee.

"I wish to have no connection with any ship that does not sail fast; for I intend to go in harm's way."
John Paul Jones (letter to M. Le Ray de Chaumont,16 Nov.1778)

Huck is perfect on 2nd amendment issues and better than Fred.

So discount any position he takes accordingly.
"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."
-Thomas Paine: The American Crisis, No. 4, 1777

"Nothing works like freedom, Nothing succeeds like liberty"

If it ain't Huck, it must be his mom...

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“You are not only responsible for what you say, but also for what you do not say. ” - Martin Luther

Yup, Huck jr

"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."
-Thomas Paine: The American Crisis, No. 4, 1777

"Nothing works like freedom, Nothing succeeds like liberty"

Huckabee is nearly my least favorite candidate, but you're dead wrong if you think he's lying about cultural issues like gun rights and social conservative stuff.

I agree that Huckabee has no integrity, but that's not the same as saying he has no principles. It just means that he's willing to twist and spin and slime for (1) cultural conservative stuff, (2) personal gain, and (3) revenge.

When it comes to economic and national security issues, I don't really think that Huckabee is completely consciously fabricating an approach to win votes. I think he just doesn't understand these areas, doesn't want to, and is willing to adopt whatever half-baked idea his instincts bring up or is in the latest book he read. Huckabee isn't a populist on economics to get votes, he's a populist because he doesn't know anything more about it than Aunt Jane. Huckabee doesn't support the Fair Tax as some kind of Machiavellian ploy, he supports the Fair Tax because someone gave him the Fair Tax book.

...your principles to outright lie as fast as you would sacrifice your integrity, what's the difference?

Candidate Research - Know Who You're Voting For ( The Easy Way )

“I believe that conservatives beat liberals only when we challenge their outdated positions, not embrace them. This is not a time for philosophical flexibility, it is a time to stand up for what we believe in,” - Fred Thompson

The "Third Worst Person in the World" and aiming higher.

Personal freedom issues, as embodied in the 2nd amendment struggle, are winning issues for those who support & defend personal freedom.

He should keep pressing this issue.

Heller is literally a once in a lifetime case.

Gun rights are why Fred and ... (pauses, steels self, takes deep breath) in a pinch, Huck are the only two would-be nominees this time around who'll keep me voting GOP and not third party.

Now's the time to lift him above the noise.
Looking forward to Saturday!

has caused us to wince (and become weak and lost) far too often for no discernible reason. Does the president not want this important case decided on his watch? Why?

cavalier about the Constitution. Remember signing McCain-Feingold while saying it was unconstitutional?

If you get into the details of what the Bush administration has done here, its a lot more defensible constitutionally, but still wrong. And it flips the bird to gun owners.

Hey, Bush, dance with the one that brung ya! And I'd say the same to the conservative legal community.

"You can't raise boys as eagles and expect them to turn out as sparrows."

--Former First Lady Edith Roosevelt reflecting on her son Quentin's heroic valor and tragic death in World War I.

NRA by cassie

I wonder if the NRA ever endorsed FT in his senate runs. I ask because they're pretty skeptical of candidates who never owned guns, son't actively hunt, and aren't NRA members. Though he might have joined for politial reasons. I did.

GC you did play a hunter on tv!
Redneck Hippie

Not only did they endorse him during his Senate runs, but Moses himself campaigned for him on the trail! (Charlton Heston, that is)

Tommy Oliver

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