Judicial Process – Week 4 Assignment
District of Columbia v. Heller: NRA’s Amicus Curiae Brief
Read the NRA’s amicus brief submitted in the District of Columbia v. Heller, 554 U.S. 570 (2008).,
Write a one-page summation of the NRA’s argument. , Then in a second page answer the following questions:
1. Does the NRA want the U.S. Supreme Court to affirm or overrule the Court of Appeals for the D.C. Circuit’s opinion?,
2. Why?,
Your submission should adhere to the following guidelines:
· The total length of your paper should be a minimum of 2 full pages in length.,
· Use APA style for general formatting, including margins, font type and font size, spacing, and cover page.
· Include Bluebook formatted citations within the body of the paper and on the References page.
Page 1: Summation of the NRA’s Argument Judicial Process
In its amicus curiae brief submitted to the U.S. Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), the National Rifle Association (NRA) argued in strong support of an individual’s right to keep and bear arms under the Second Amendment of the U.S. Constitution. The NRA contended that the District of Columbia’s stringent handgun ban and requirements that firearms in the home be nonfunctional violated the core intent of the Second Amendment. The brief emphasized that the right to self-defense is fundamental and predates the Constitution itself, forming the historical and legal foundation for the right to bear arms.
The NRA drew extensively on historical sources, including early English legal traditions and post-Founding American laws, to argue that the Second Amendment was originally understood to protect an individual’s right to possess firearms for lawful purposes, including personal protection. It rejected the interpretation that the Amendment only applies to militia service, asserting that such a reading was inconsistent with the constitutional text and historical context.
Further, the NRA argued that the D.C. law failed any level of judicial scrutiny, particularly strict scrutiny, given that it essentially amounted to a total ban on handguns in the home—the very type of firearm most commonly used for self-defense. The brief criticized the notion of balancing gun rights against perceived public safety benefits, arguing that constitutional rights are not subject to interest balancing by courts (Brief for NRA as Amicus Curiae Supporting Respondent, Heller, 554 U.S. 570).
Judicial Process