Attention: The Administration just blundered in a catastrophic fashion
By Gildas Posted in The Courts — Comments (163) / Email this page » / Leave a comment »
The news broke late last night that the Department of Justice has filed an amicus brief in the DC Gun Ban case, asking that the Supreme Court overturn the Court of Appeals decision striking down the DC Gun Ban. This is a move of breathtaking idiocy that may have already cost us the election.
To be sure, the DOJ argues that the 2nd Amendment protects an individual right, but it argues that the Appeals Court erred in overturning the law because it applied the strict scrutiny standard instead of some balancing test between the government's interests and the right to keep and bear arms. In the view of the DOJ, 'shall not be infringed' might not necessarily mean you cannot ban a whole class of weapon.
Read on . . .
Leaving aside the legal details of this brief, we need to do what apparently no one in the administration did and consider the political aspects. This is going to be taken as an outright stab in the back by the gun rights community, all the worse because it was unexpected. The government did not have to file a brief in this case, and if it did most gun owners were expecting it to file on the side of Heller!
I can guarantee that already the gun boards will be filled with a combination of anger, betrayal and disbelief in response to this move. Any Republican who is expecting gun owner votes in this year's elections needs to distance themselves from the administration over this, and fast. If the GOP nominee this year does not repudiate this then I can forsee a lot of gun voters (who are single issue voters and a lot of whom are not republicans but independents) simply not showing up in November. I don't advocate that sort of self-destructive tactic, but that doesn't mean that others won't.
Incidentally, this is a golden opportunity for Fred to lock up the gun vote by attacking this move. It is also an opportunity for Romney, who has flubbed this issue repeatedly to prove he is a friend.
And if there is any possibility of the Administration being prevailed upon to step in and withdraw the brief, it should be pursued. I am under no illusions that in Washington many things are done in the Executive that the President has no knowledge of - so anyone out there who has Establishment connections should be using them to make the right people aware of the colossal blunder that has just been made.