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Heller Insider Info

The lamestream media told you:

Nothing.

The Uninvited Ombudsman notes however that:

With thanks to deputy public information officer Estrada at the U.S. Supreme Court:

1. Heller does not have the highest number of amicus briefs in the Court's history, it is third, at 66. The highest was 107 in the affirmative action case Grutter (539 U.S. 306 in 2003), followed by the abortion case Webster (492 U.S. 490 in 1989) at 78.

2. The Heller decision could actually come later than June 23, the widely anticipated last scheduled day of proceedings for the session. The Court can add days to its calendar for additional decisions if it needs to, but these would typically come before the end of the week (June 27). Absolutely no way to know for sure until they act.

3. Lead attorney Alan Gura pointed out in an email to me (6/19/08) that the Court still has ten decisions left to issue, including three biggies, so it's highly likely they will add days to the calendar.

4. My conjecture: The decision must be signed and sealed now for at least days if not weeks, to allow for proofing, typesetting, printing, binding, pre-mail activity, web prep, syllabus draft, etc. My guess is they would rather release it at the end, so the national hub bub doesn't impinge on other work they have. Requests for interviews, phone calls from friends and close associates, shouting in the press, a ton of activity can be expected, might as well finish off the term first, no?

5. The best site for immediate download of the decision will be the Slip Opinions page, and web-traffic overload has not been a problem in the past according to the PIO (but we shall see on this one, eh?)

Every "news" outlet on the planet will cover this story, where SOP is to a) read and partially understand only the Court's summary, or b) copy "wire services" which are routinely spin machines on this subject, and then release a mixture of fact, hype and editorial where the news is supposed to go.

6. My book on the Heller case is already underway, will include summaries and background on all 96 gun cases the High Court has heard so far, and the most thorough coverage of Heller you're likely to find anywhere. Many experts have agreed to contribute. Watch for the announcement when it goes on press.

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About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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