Straight Platform Politics

Second Amendment Rights: U.S. Supreme Court Decides Gun Control Laws Unconstitutional-Part 9

The Heller Case: The legal team continued

The Heller court case, decided by the U.S. Supreme Court in June 2008, began as Parker v. District of Columbia in 2003 . Robert A. Levy, Clark Neily, and Alan Gura comprised the case’s legal team. See Part 8

Clark Neily and Robert Levy decided to challenge the District of Columbia’s gun control regulations. Since the two men did not want the case to be seen as a radical gun issue sponsored by gun rights organizations, Levy personally financed the case. He wanted the legal team to make decisions free from the pressure of other financial backers.

The two men chose six people who were willing to bring complaints against the District’s gun ban. Levy and Neily then chose the person who would represent the six plaintiffs and who would be the case’s lead attorney: Alan Gura.

Levy was socially acquainted with Gura; they shared a similar ideology of individual liberties and the importance of constitutional rights. Gura earned a law degree in 1995 and was only 37 years old with about 13 years legal experience when he made his first appearance before the U.S. Supreme Court defending Heller in 2008.

When the case was gaining attention and historical significance, Levy was encouraged by several people to replace Gura with a seasoned veteran who could stand against the legal prowess and substantial legal experience of the 66 year old lead attorney hired by the District of Columbia. Levy stayed with Gura who had already spent 5 years on the case and who knew it like no one else could.

The legal team knew the strategy they wanted to follow and it was carefully executed by Alan Gura. The team had decided that the focus of the case was to be the handgun ban and the functional firearm ban in the District’s gun control regulations. The strategy was to keep the case focused and narrow. Gura adhered to that and it proved to be a winning strategy.

Alan Gura, Clark Neily, Court Case Strategy, Dick Heller, Gun Control, Gun Control Laws, Legal Team, Robert Levy, Second Amendment Rights, Shelley Parker, The District of Columbia, The Heller Case, The Parker Case, U.S. Court of Appeals, U.S. District Court, U.S. Supreme Court

Second Amendment Rights: U.S. Supreme Court Decides Gun Control Laws Unconstitutional-Part 8

The Heller Case: The legal team

The Heller court case, decided by the U.S. Supreme Court in June 2008, began as Parker v. District of Columbia in 2003 . Robert A. Levy, Clark Neily, and Alan Gura comprised the case’s legal team.

The challenge to the District’s gun ban was carefully planned by Robert Levy and Clark Neily. Levy is chairman of the Cato Institute whose public policies are based on the principles of limited government, free markets, individual liberty, and peace.

Mr. Levy was born, raised, and schooled in the District. He became a successful businessman and retired young. He then entered law school and received a law degree in 1994 when he was 53 years old.

Clark Neily is a senior attorney with the Institute for Justice, a civil liberties law firm founded in 1991. IJ calls itself the only libertarian public interest law firm in the nation. Neily earned his law degree in Texas and joined IJ in 2000. He met Robert Levy when they were both law clerks for U.S. District Judge Royce Lamberth.

Many years later Neily spoke to his former fellow law clerk about the idea of challenging the  District of Columbia’s gun ban. They decided to do it and began interviewing prospective plaintiffs in 2002; they wanted gender, racial, age, and income diversity. They also wanted respectable, law-abiding citizens.

The two men chose six District residents to be the plaintiffs in Parker v. District of Columbia: three men and three women, four white and two black, ranging in age from mid 20s to early 60s, having different incomes and different occupa-tions. The first plaintiff listed was Shelley Parker so the case was known as Parker. See Part 6 See Part 7

Even though Robert Levy had never owned a gun, he was willing to be an integral part of a historical gun ban challenge.

Alan Gura, Clark Neily, Court Case Strategy, Gun Control, Gun Control Laws, Robert Levy, Second Amendment Rights, Shelley Parker, The District of Columbia, The Heller Case, The Parker Case, U.S. Court of Appeals, U.S. District Court, U.S. Supreme Court