Paul Clement, representing the NRA, has filed a motion [pdf] requesting a portion of the time reserved for petitioners’ oral arguments in McDonald v. Chicago. Alan Gura will have thirty minutes to argue his case before the Court, some of which will be given over to Texas Attorney General Greg Abbott. I doubt he can spare another ten.
The gist of the NRA motion is that they wish to have more time dedicated to arguments in favor of Due Process incorporation, believing that it “presents the most straightforward and direct route” to incorporating the 2nd Amendment.
The NRA had their chance to argue for selective incorporation. They did so before the 7th Circuit last June, and it was a good case. It was considered, alongside McDonald, to be heard by the Supreme Court. The Court chose McDonald.
The Justices could have taken the easy way out with the NRA case, which asked only for selective incorporation. Continued...