Dec 17 2009
Holiday Housekeeping
Three quick items:
1. The Court has granted the American Legislative Exchange Council’s motion to file an amicus brief on our side. ALEC had given only two days notice of their amicus brief, and Chicago did not consent to the late filing, but neither did the Respondents file an opposition to that motion. The brief is now posted here.
2. Chicago and Oak Park did file an application with Justice Stevens to allow the filing of a combined oversize 22,500 word brief, which we did not oppose. After all, each respondent could have filed its own 15,000 word brief. That application was granted.
3. Finally, as it did in the Heller case, the State of Texas has sought leave to argue in McDonald, and as in the Heller case, I am not opposing that motion. It is significant that 38 states are on record supporting application of the right to arms against the states. Motions like this are very rarely granted and we would not consent to any others being filed on our side. Texas AG Greg Abbott would participate in the argument if the Texas motion were granted.


