Re: The Second Amendment Foundation has announced its' next
Posted: Fri Jul 02, 2010 7:39 pm
The two cases involved distinctly different problems/mistakes on Gura's part. Heller was filed at a time when it was a guaranteed loser. By the time it reached the Supreme Court, O'Connor was gone and we picked up the "winning" vote. (On the first page of this thread I give the history of Parker turned Heller. ) So yes, Gura's decision to file the case when he did was a potential disaster and the NRA literally saved the Second Amendment.suthdj wrote:So basically he is potentially doing more harm then good?
I have to amend my answer to the question about McDonald. Gura wanted to rely solely on the Privileges or Immunities Clause of the 14th Amendment. That was a hands-down loser; P or I Clause cases have lost for 130 years. If the NRA had not gotten into the fray by filing our own suit, then Gura likely would have stuck with P or I Clause as his only ground for incorporation. If this was the case and McDonald was lost, then the NRA could have asserted incorporation via the Due Process Clause of the 14th Amendment. However, since the NRA got in Gura felt he had to assert both the P or I Clause and the Due Process Clause to keep from having his argument lose and the NRA's argument win. That's still what happened as a practical matter, since Gura spent almost all of his oral argument time on the P or I issue.
Even the strongest Gura supporters should ask this question: Why on earth would Gura try so hard to keep the NRA with it's expertise out of both Heller and McDonald? The only plausible answer is that it was ego. He could not possibly have felt the case was weaker by having the premier Second Amendment experts in these cases.
If there is any doubt about the NRA saving both cases, and if you are willing to spend the time learning the truth, then read the briefs in both cases and see which briefs were cited by the Supreme Court in their opinions. (I'll save you some time; it was the briefing done by the NRA and our experts.) There is an old saying in appellate law; you can't win an appeal in oral argument, but you sure can lose one! Cases are won or lost on the briefing.
Chas.