Posts Tagged ‘Punning’

2nd Amendment Case Update

March 3, 2008

We’ve had a brief respite from guns but the case is firing up again. Oh. I’m so sorry. I wonder if the 2nd Amendment protects puns and guns.

The District of Columbia’s brief is due tomorrow. (Tuesday) Walter Dellinger, the District’s lawyer who will argue the case and whose name appears at the top of the briefs, has been busy lately. He argued on behalf of Exxon last week in the Exxon-Valdez punitive damages case and had another argument earlier in February.

Oral argument in the gun case occasioned some lawyer maneuvering recently. Mr. Heller’s lawyers wanted to give the state of Texas 10 minutes of their oral argument time. The Court denied that request. The Solicitor General’s office asked for and got 15 minutes of time to argue the government’s position. (In favor of an individual right but one subject to much regulation.) The Court, as it commonly does when the government asks for argument time, granted that motion.

That means that advocates for the “individual” right to bear arms will have 45 minutes of oral argument time. (30 for Mr. Heller, 15 for the government.) The “collective” rights position will get 30 minutes.

In what is one of the great advances of the 21st Century, like nitrogen-bagged salads, transcripts of oral arguments are now available the same day as the arguments. In addition the Court, begrudgingly, sometimes allows tape recordings to be released the same day and I anticipate it will do so this time.

I’ll be back to summarize the Heller reply brief — the last one to be filed in the case — as soon as I am able. I’ll aim to be accurate and not take any pot shots. Oh, shoot! More puns — I’m sorry.



The Court today announced that it agreed with this blog entirely and will release the audio tape of the argument shortly after the argument is concluded.  Why, you may ask, not just broadcast it live?  Well.  As I’ve said before, courts are the most conservative of political institutions.  The Supreme Court is waiting to see if radio really catches on.