Constitutional Law

Transcript of Heller argument

Transcript is here, in pdf.

Here are reports from the Washington Times, the Detroit Free Press, and a take from Leibowitz's Canticle.

Joe Olson and I were out drinking with Alan Gura last night, and he was getting a constant stream of emails from machinegun owners on his pda, denouncing his statement that full auto arms' possession might not be protected by the 2nd Amendment.

I think EVERYONE associated with this case who knows anything about appellate argument -- and I've talked to many in that class -- agreed that if you cannot come up with a 2nd Amendment test that lets the government do a lot of things with full autos, you lose. That's bottom line. You can have a second amendment for things other than full auto, or you can have no second amendment. Take your pick, there is no third alternative. Life isn't fair. I was very relieved when the Court showed signs of taking the view that Heller is asking to own a .38, not a Thompson, so we can deal with the full auto issue if and when someone brings a case (which I hope will be about ten years down the road).

Full post as published by Of Arms and the Law on March 19, 2008 (boomark / email).