Alan Gura has posted his brief in the Heller case, responding to the District’s arguments. As usual, Gura’s writing is erudite, concise and very piercing.
Although this case does not call upon the Court to determine the standard of review applicable to regulations of Second Amendment rights, Respondent observes that the right to arms protects two of the most fundamental rights-the defense of one’s life inside one’s home, and the defense of society against tyrannical usurpation of authority. Petitioners’casual use of social science sharply underscores the importance of securing Second Amendment rights with a meaningful standard of review.
He and Justice Scalia may not see eye-to-eye, but the two men certainly have in common a lack of patience with foolish rhetoric.
There’s also a great deal of interesting history in the brief, a great deal of which I didn’t know.
The same Congress that passed the Second Amendment also reauthorized the Northwest Ordinance of 1787, containing this language: “Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.” Act of Aug. 7, 1789, ch. 8, 1 Stat. 50, 52. But nobody would seriously contend that were religion, morality, or knowledge one day found unnecessary for good government, schools should no longer be encouraged in the states of the former Northwest Territory.