smalline

Be sure you are signed up for JPFO's periodical Email Alerts.

JOIN JPFO TODAY

Get a very aggressive defense of your rights.

Membership Page

Time to Relax?!

Go Try
'Chill-Out' Corner

Volunteers?

Volunteers?


Since the "New Look" change mid 2011 - we are still thirsty for feedback but sadly get very little. Can we ask for one or two regular visitors to volunteer to regularly report, mentioning any link or display problems, and Email us with info. Some errors can be hard to track down and so outside help is most useful.

"Gun of the week" has been running for some time - let’s hear from you. Like - not like? Any other suggestions?

Thank you - JPFO Webmaster.

Click on the above.
Help us avoid errors.

Should you prefer a full page of JPFO’s main links, then
Go Here.

JPFO Order Line
(800) 869-1884.

Alerts & "Bounces"
Points to note with the JPFO alert emails.

Alerts can sometimes bounce!


Note - (July 2011) We notice sometimes that out of the thousands of alerts sent out, there can be rather high numbers of "bounces" - on checking with our provider it would seem that now and again an ISP makes some change to their email settings and that can result in non-delivery to those using that ISP.

If it happens to be something like Hotmail, Yahoo or even gmail - then many can be affected temporarily. For those who miss out on one of our sendings, we apologize, but the provider does try to stay ahead of things when they can by making changes in their own settings to reflect ISP changes and so control the bounces, which we like to see as zero!

If in doubt, please check the alerts archive to make sure you have not missed anything. Also, if you get alerts do please open them!

Chris, Webmaster.

Why Join?
Why you should consider joining JPFO.

Why Join JPFO?


JPFO tries to be an educator by supplying "intellectual ammunition" - the idea being that we provide information for folks to use the best they can, to further the fight against "Gun Control". We are tax exempt and cannot lobby or endorse but, for sure we can give you the fodder you need such that you can do your bit the best way you can. The fight to preserve our 2A is vital.

Researching to find data, writing articles, as well maintaining the site - all takes time and expense and so, help towards keeping this active and vital is essential. We would encourage anyone who finds our efforts worthwhile to become a member, or even donate - it all helps us survive and continue the hard fought battle.

Please dig deep, use the search, explore through our menus - find even old pages and pass them on. Dissemination of material is invaluable.


NRA Cares More about NRA Than Gun Rights,
Liberty, Professional Courtesy


Share/Bookmark

smalline

From original cato-at-liberty.org

smalline


Posted by Ilya Shapiro


Yesterday the Supreme Court granted the NRA’s motion for divided argument in McDonald v. Chicago. What this means is that Alan Gura’s 30 minutes of argument time on behalf of Chicagoland gun owners just became 20, with 10 going to former Solicitor General Paul Clement, whom the NRA hired at the last minute to pursue this motion and argument. (Full disclosure: Alan Gura is a friend of mine, and of Cato.)

The NRA’s motion was premised on the idea that Alan had not fully presented the substantive due process argument for selective incorporation of the Second Amendment — presumably out of an outsized concern for the Privileges or Immunities Clause arguments about which I’ve previously blogged and written a law review article. This is a highly unusual argument and is a facial slap at Alan’s abilities as an advocate. Sadly, it’s also typical of how the NRA has behaved throughout this case and before that during the Heller litigation — sabotaging Alan at every turn and showing again and again that, even in the face of winning arguments that fully support its legal positions, the NRA prefers to seek glory for itself rather than presenting the strongest case for its purported constituency of gun owners.

Alan rightfully opposed the NRA’s motion because the group’s participation at argument adds nothing substantive to the case. No one will ever know why the motion was granted, as the Court need not (and did not) provide any reasons. Nonetheless, it’s a safe bet that this is solely a testament to Clement’s talent and reputation (notably, the motion was not filed by any of the NRA’s other excellent attorneys, who briefed and argued their case in the lower courts and in a cert petition and brief before the Supreme Court).

I have great respect for Paul Clement, and have worked with him by filing amicus briefs in two cases he’s already argued this term, but I do take issue with his repeated suggestion that the motion’s purpose — and the reason behind its granting — was so that “all the avenues to incorporation, including the due process clause, are fully explored at the argument.” This kind of comment — again impugning Alan’s litigation strategy — is uncalled for, and renews concerns over the NRA’s conduct.

Throughout this case, Alan has consistently and forcefully advocated for the Second Amendment’s incorporation under the Due Process Clause. That didn’t change when his case was taken up by the Supreme Court. The thing is that the due process arguments are not all that complex, and simply do not merit the same care and attention in the briefs as arguments based on the Constitution’s actual text and history. A first-year law student who’s taken constitutional law – let alone a Supreme Court clerk – could write a due process incorporation argument in her sleep! In any event, the oral argument will be driven by the justices’ questions, not by any long soliloquies by counsel. Alan’s — and all attorneys’ — job is to be ready for anything.

If the NRA were concerned about the final outcome of the case, it would be unlikely to attack Alan’s strategy or question his preparation (an odd way to be “helpful” to one’s side). It is not a stretch to predict that this case will be favorably decided at least in part on due process grounds, however, so what we are seeing here is likely an attempt by the NRA to position itself as responsible for such a victory – and that Alan isn’t.

Ultimately, then, the NRA is engaging here in fund raising, not liberty-promotion or ethical lawyering.

smalline

Ilya Shapiro   •   January 26, 2010 @ 8:53 am
Filed under: Law and Civil Liberties
Tags: , , , , , ,

smalline

Back to Top