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Seegars v Ashcroft: There can be only one... with Standing
Submitted by:
TriggerFinger
Website: http://www.triggerfinger.org/weblog/
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... "The decision ended up being split internally over a point which, frankly, I expected might happen when I read the NRA's initial complaint. It's a basic flaw in the NRA's brief. The DC lawyers missed it entirely, but the Justice Department lawyers picked up on it and made excellent use of the flaw. It shouldn't be a fatal flaw before a neutral judge and considering the facts of the case, but courts will generally take any excuse to avoid ruling on the merits of a 2nd Amendment claim."
"Actually, upon reflection, the 'flaw' might not be a flaw at all. It fits in perfectly with the NRA's strategy to avoid a 2nd Amendment ruling. But that's ... well, not quite as bad as a conspiracy theory, but it's a bit more convoluted than I'd put faith in as a matter of pure speculation."
"What was this deadly flaw? Simple: Only one of the plaintiffs in Seegars had actually applied to register a firearm." ... |
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