Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban

Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban

This is a discussion on Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Vice President Cheney took the unusual step Friday of joining with lawmakers in signing a Supreme Court brief that goes further in support of gun ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 25

Thread: Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban

  1. #1
    Distinguished Member Array P7fanatic's Avatar
    Join Date
    Jun 2007
    Location
    Texan in NWFlorida
    Posts
    1,588

    Cool Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban

    Vice President Cheney took the unusual step Friday of joining with lawmakers in signing a Supreme Court brief that goes further in support of gun rights than the one submitted by the Bush administration.

    Link: Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban

    Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban
    Saturday

    February 09, 2008


    WASHINGTON — Vice President Cheney took the unusual step Friday of joining with lawmakers in signing a Supreme Court brief that goes further in support of gun rights than the one submitted by the Bush administration.

    The filings were made in a case that challenges the District of Columbia's ban on handguns. It was scheduled to be argued on March 18.

    Both briefs argue that the Second Amendment protects an individual's right to own guns. However, the administration contends that too categorical a ruling could threaten other federal gun restrictions and wants the justices to send the case back to lower courts without deciding whether the handgun ban should fall.

    Cheney joined more than 300 senators and representatives, led by Sen. Kay Bailey Hutchison, R-Texas, who want the court to rule that Washington's ban is unconstitutional.

    "The vice president believes strongly in Second Amendment rights," Cheney spokeswoman Megan Mitchell said.

    Seventeen Democratic lawmakers and District of Columbia Del. Eleanor Holmes Norton urged the court to uphold the ban.

    Lawyers with long experience at the court could not recall another case in which a vice president took a position different from that of his own administration.




    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

    GOOD Gun Control is being able to hit your target! -Myself


  2. #2
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    28,434
    Link to the Washington Post article, February 9 2008:

    Cheney Joins Congress In Opposing D.C. Gun Ban
    Vice President Breaks With Administration


    By Robert Barnes
    Washington Post Staff Writer
    Saturday, February 9, 2008

    Vice President Cheney signed on to a brief filed by a majority of Congress yesterday that urged the Supreme Court to uphold a ruling that the District of Columbia's handgun ban is unconstitutional, breaking with his own administration's official position.

    Cheney joined 55 senators and 250 House members in asking the court to find that the Second Amendment protects an individual's right to possess firearms and to uphold a lower court's ruling that the D.C. ban violates that right. That position is at odds with the one put forward by the administration, which angered gun rights advocates when it suggested that the justices return the case to lower courts for further review.

    In order to make his dramatic break with the administration, Cheney invoked his rarely used status as part of Congress, joining the brief as "President of the United States Senate, Richard B. Cheney." It is a position he has used at times to make the point that he is sometimes part of the legislative branch and sometimes part of the executive.

    "That is one of his titles," Cheney press secretary Megan Mitchell said when asked whether it was significant that he had joined the brief in that capacity rather than as vice president.

    The position puts Cheney at odds with a brief filed by U.S. Solicitor General Paul D. Clement, who represents the government and the Bush administration before the Supreme Court. Clement said that the court should recognize the individual right but that the lower court's ruling was so broad it could endanger federal gun-control measures, such as a ban on possession of new machine guns.

    Clement urged the court to send the D.C. law, the strictest in the nation, back to lower courts for further review.

    The government's position, which technically supported neither the District nor those challenging the law, nonetheless infuriated supporters of gun rights. They saw it as an abandonment of their cause just as the court was ready to interpret the Second Amendment for the first time in 70 years.

    The effort to draw up a brief for lawmakers was led by Sen. Kay Bailey Hutchison (R-Tex.). When she disclosed the names of her co-signers on Thursday, Cheney's was not among them. But his name was added when the legal brief was filed yesterday.

    Lawyers said it may be unprecedented for a vice president to take a position in a case before the high court that is at odds with one the Justice Department puts forward as the administration's official position.

    "To my knowledge, I don't recollect it ever happening before," said Richard Lazarus, co-director of the Supreme Court Institute at Georgetown Law Center.

    Bush spokesman Tony Fratto emphasized where the sides agreed rather than where they disagreed.

    "Like the members of Congress who signed the amicus brief, the president strongly believes that the Constitution protects an individual right to keep and bear firearms," Fratto said.

    "The president leaves procedural questions to the lawyers. What's most important is that this administration firmly supports the individual-rights interpretation of the Second Amendment."

    Mitchell said Cheney signed on to the brief because "the vice president believes strongly in the Second Amendment." Reminded that it put him at odds with the administration's official position, she repeated, "It's an issue he feels strongly about."

    Neither Mitchell nor Fratto would say whether the president and the vice president talked about Cheney's decision.

    "We're glad to have the vice president on board with the Second Amendment," said Alan Gura, one of the attorneys for the D.C. residents who challenged the law. He was sharply critical of Clement's brief when it was filed, saying it was "basically siding with the District of Columbia."

    The District's argument takes the position adopted by a majority of the nation's appeals courts that the Second Amendment guarantees a right to bear arms only as a collective, civic right related to military service.

    But even if the amendment provides an individual right, as the U.S. Court of Appeals for the District of Columbia Circuit held last spring, the city argues that it may ban handguns if it allows citizens to own other kinds of firearms, such as rifles and shotguns.

    Clement's brief said that was dubious but also said the appeals court was wrong to rule that just because handguns are "arms" as defined by the Second Amendment, government cannot ban them.

    "If adopted by this court, such an analysis could cast doubt on the constitutionality of existing federal legislation prohibiting the possession of certain firearms, including machineguns."

    The congressional brief filed by Hutchison and others said lower-court review is unnecessary because the District's ban "is unreasonable on its face," no matter how lenient the standard of review.

    National Rifle Association Executive Vice President Wayne LaPierre called the congressional brief "a historical message to the court" that Congress believes the Second Amendment guarantees an individual right to possess firearms. A statement from the organization said it is "grateful and fortunate to have a friend of freedom in the vice president."

    Staff writer Michael Abramowitz contributed to this report.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  3. #3
    VIP Member
    Array Miggy's Avatar
    Join Date
    Jul 2005
    Location
    Miami-Dade, FL
    Posts
    6,258
    And this is the document

    At the end of the document you will find a list of those who signed them. Contact your respective senator and/or representative and thank them!
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  4. #4
    VIP Member Array Sig 210's Avatar
    Join Date
    Oct 2006
    Location
    Southwestern OK
    Posts
    2,017
    Thank you Mr. Cheney and thanks all the Senators. Bet that some one in the Justice Dep't is livid.

  5. #5
    Senior Member Array sui-juris's Avatar
    Join Date
    Jun 2007
    Location
    MI
    Posts
    521
    I can't believe I am saying this but, NIce work VP.

  6. #6
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    15,141
    It aint rocket surgery.

    The ones that dont like what the english language says are always trying to re interpret it.

    Those people need to be fired and barred from public office for life.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  7. #7
    Member Array exit42's Avatar
    Join Date
    Jul 2006
    Location
    Grapevine, TX
    Posts
    200
    Good for Sen. Kay H. & the VP. Hope it goes our way with what's gonna go down this fall.
    ...one jagged hole!

  8. #8
    New Member Array Albatross's Avatar
    Join Date
    Nov 2007
    Location
    Alaska
    Posts
    7
    Incredible. This stuff is just incredible.

    You've got to wonder just what the hell is going on.

  9. #9
    VIP Member Array obxned's Avatar
    Join Date
    Jan 2007
    Location
    OBX, NC
    Posts
    2,655
    Their are still a few people in Washington who didn't sleep through high school civics class when the Constitution and Bill of Rights were mentioned.

    God bless Dick Cheney and the others!
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  10. #10
    Member Array jackdog's Avatar
    Join Date
    Jan 2008
    Location
    Dover,tn
    Posts
    222
    an atta boy for dick. ( Can't believe he did something correct). Hey the only saving grace for the fall will be if Ron Paul runs as an independent and the counrty backs him.
    Jack dog

  11. #11
    Member Array lopadrino79's Avatar
    Join Date
    Jul 2007
    Location
    Tampa, Florida
    Posts
    182
    I was just going to post this, I saw it in an NRA email that just came through.

    Thank you VP

  12. #12
    Senior Member Array PaulG's Avatar
    Join Date
    Jun 2006
    Location
    Fairfax, VA
    Posts
    1,126
    It does make you wonder.

    Do you think Cheney did this without informing Dubbya? I don't.

    I bet Cheney tried to get Bush to withdraw or modify the Justice Department's brief and Bush wouldn't.

    I know, unsupported speculation, but I just can't see Cheney signing on to the RIGHT brief without talking to Bush first.

    I never felt that Bush was extremely pro-gun. He never pursued pro-gun legislation, he just signed some when it was politically expedient.

    Hats of to the VP!!
    fortiter in re, suaviter in modo (resolutely in action, gently in manner).

  13. #13
    VIP Member Array sgtD's Avatar
    Join Date
    Aug 2006
    Location
    Kansas
    Posts
    2,292
    "Cheney joined more than 300 senators and representatives" supporting 2A

    "Seventeen Democratic lawmakers and District of Columbia Del. Eleanor Holmes Norton urged the court to uphold the ban."


    Too bad it's not up for a vote.
    When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.

  14. #14
    VIP Member Array sgtD's Avatar
    Join Date
    Aug 2006
    Location
    Kansas
    Posts
    2,292
    Quote Originally Posted by PaulG View Post

    I never felt that Bush was extremely pro-gun. He never pursued pro-gun legislation, he just signed some when it was politically expedient.

    :
    I think you're right. Remember, he said that he would sign a Bill to extend the AWB if it reached his desk. Thankfully it never did, thanks to the Congress.
    When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.

  15. #15
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    45,525
    I hope the momentum keeps up...we need to have this settled (the correct way) prior to Nov 08...
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

Page 1 of 2 12 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Supreme Court and 2A
    By JoJoGunn in forum The Second Amendment & Gun Legislation Discussion
    Replies: 12
    Last Post: March 3rd, 2010, 02:13 AM
  2. Replies: 13
    Last Post: April 13th, 2009, 04:52 PM
  3. US Supreme Court Over Rules Bush and The World Court (Merged)
    By Sig 210 in forum Off Topic & Humor Discussion
    Replies: 40
    Last Post: March 28th, 2008, 09:56 PM
  4. Supreme Court says YES!
    By Glock_19 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 2
    Last Post: November 20th, 2007, 04:57 PM