Particularly troubling is how the NRA played an obstructionist role in an effort to block Heller in the early stages, out of apparent fear that the time wasn't right for a Second Amendment challenge.
The Heller case quickly found a powerful opponent in the
National Rifle Association. This surprises nearly every layman I
discuss the case with, most of whom assume the NRA was behind the
lawsuit in the first place. The Parker lawyers received
backroom visits from allies of the NRA before their case was filed,
discouraging them from going forward. The Supreme Court (which still
had Sandra Day O’Conner back then) would not reliably deliver a
victory, they argued, and an authoritative statement from the Supremes
that the Second Amendment did not protect an individual right could
prove devastating to the long-term cause.
National Rifle Association. This surprises nearly every layman I
discuss the case with, most of whom assume the NRA was behind the
lawsuit in the first place. The Parker lawyers received
backroom visits from allies of the NRA before their case was filed,
discouraging them from going forward. The Supreme Court (which still
had Sandra Day O’Conner back then) would not reliably deliver a
victory, they argued, and an authoritative statement from the Supremes
that the Second Amendment did not protect an individual right could
prove devastating to the long-term cause.
Concluding, Doherty says:
The Heller case was a prime example of how calm, dedicated,
and strategic thinking on the part of crusaders for smaller government
can achieve real and (probably) lasting victories. Fighting against
even those who should have been their staunchest allies, Levy and his
team of libertarian lawyers watched the zeitgeist, crafted a smart
(though risky) strategy, and won.
An excellent book.and strategic thinking on the part of crusaders for smaller government
can achieve real and (probably) lasting victories. Fighting against
even those who should have been their staunchest allies, Levy and his
team of libertarian lawyers watched the zeitgeist, crafted a smart
(though risky) strategy, and won.
You have to wonder if there was some self interest in keeping a cloud over the second amendment issue for NRA fund raising purposes. Don't know, but it is interesting how the NRA may have nearly lost the second amendment, by not vigorously pursuing in court it's defense. Four Justices did after all, vote against what is clearly an enumerated right in the Bill of Rights.
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