Since the subject of tomorrow's oral arguments in the Supreme Court case District of Columbia v. Heller has been brought up, and since it could turn out to be a landmark case that could affect gun rights all across the country, there are some interesting facts involved with this case.

-- The Justice Department has taken the side of the District of Columbia's ban.... well, sort of. They are using an unusual and thin argument, but it is interesting to note anyway. They have claimed that the circuit court in it's decision used too strict a constitutional standard and should be told by SCOTUS to reconsider its decision.

The Bush administration has always claimed they support the individual rights in the second amendment, but they are using a sneaky method and argument here in order to allow DC to uphold it's ban. Their thin argument is that if the circuit court's ruling is allowed to stand, other federal gun laws may also be seen as unconstitutional such as the ban on "machine guns". They want the case kicked back to the circuit court for another ruling.

Personally I don't agree with that logic and I think the Justice Department favors the ban but they just don't want to say it outright.

-- It's very interesting that Dick Cheney chose to publicly part company and disagree with the administration. That is unusual for a sitting Vice President.

He signed an amicus brief in support of the circuit court's decision last year. The brief was signed by Cheney and a majority of Congress..... 55 senators — (46 Republicans, 9 Democrats) and 250 representatives — (182 Republicans, 68 Democrats).

It's also interesting to note that Democrat Senators Charles Schumer and Diane Feinstein didn't sign the brief. Each of them have CCW permits (In a city where it is next to impossible for private citizens to get a permit, Charles Schumer has a carry permit).

http://www.scotusblog.com/wp/wp-content/uploads/2008/02/heller-congress-brief-2-8-08.pdf