So, they got theirs up just under the wire. The Brady Campaign brief is pretty much exactly what I expected.
The whole thing is about “reasonable regulation” and “public interest.” Without weighing in on incorporation, they simply beg for a standard of review that’s as close to rational basis as they can get without calling it such.
They dig pretty deep (Heffron v. International Society for Krishna Consciousness, Inc.?) to prove that strict scrutiny doesn’t usually apply across the board for civil liberties, and they seem to encourage such a situation.
If anything, the Left needs to tread very carefully when praising infringements on 1st and 4th Amendment rights.
Their usual arrogance comes through on page 5:
Gun policy is best determined as it always has been in this country: in the political arena, without courts second-guessing reasoned legislative judgments.
I guess they didn’t read this week’s 7th Circuit opinion, because they rest part of their case on this:
Our society’s broad acceptance of firearms regulations is confirmed by the fact that while over forty states have constitutions with right-to-keep-and-bear-arms provisions, not one reviews such restrictions under heightened scrutiny. p. 22
Oh, and Arthur Kellerman is used as a source. Twice.
This is really all they’ve got. Can’t wait for orals in January.