Gun rights advocates were understandably dismayed when the Bush Administration Justice Department submitted a brief in District of Columbia v. Heller, the big Second Amendent case to be argued later this term, calling for a remand of the case for reconsideration of D.C.'s gun laws under a less demanding constitutional standard. Given the Bush Administration's support for an "individual rights" view of the Second Amendment, many find it incomprehensible that the Administration would not support the D.C. Circuit decision holding D.C.'s draconian gun restrictions unconstitutional. The DoJ's brief is also a potentially unwelcome development in the Presidential race, as it could dampen gun owners' support of GOP candidates. The Fred Thompson for President, South Carolina bus tour reached Spartanburg today, where the Law & Order TV star candidate fielded questions at Papa's Breakfast Nook from Charlotte, N.C.'s WBT-AM radio talk show host Jeff Katz.
I do not know whether any of the other campaigns have taken notice of the DoJ brief, but Fred has. As reported on RedState, Thompson accused the administration of "overlawyering" the case. After all, if an individual rights view of the Second Amendment does not proscribe an outright ban on handgun possession, there is not much left of the rights it purportedly protects.
Asked his opinion of the Second Amendment and the Solicitor General's request that the DC Circuit Court remand the appeal back to the trial court for "fact-finding", the lawyer turned Senator from Tennessee said the Bush Administration was "overlawyering" and stated that he opposed remand and that the case should move forward to the U.S. Supreme Court.