----- Original Message -----
From: Gary Marbut-MSSA
Sent: Thursday, June 16, 2011 10:13 AM
Subject: Why the WA Times editorial about MSSA v. Holder is important
Dear MSSA Friends,,
Some of you may be wondering why today's Washington Times editorial about the Montana Firearms Freedom Act and our lawsuit to validate that, MSSA v. Holder, is important.http://www.washingtontimes.com/news/2011/jun/15/states-challenge-feds-on-guns/
The purpose for the Montana Firearms Freedom Act is to use it and firearms as the vehicle to roll back a half-century-plus of bad Commerce Clause judicial precedent, power the federal government has been allowed by the courts to use improperly to regulate everything and anything it chooses. Only the U.S. Supreme Court can effectively reverse this history of bad precedent, so we're playing for our case, MSSA v. Holder, to be heard and decided positively by the USSC.
However, the USSC only accepts (grants certiorari for) 5% of the cases appealed to it. There are two features of a case that cause the USSC to be more inclined to accept a case on appeal: 1) that it is about a core constitutional issue (which our case certainly is), and 2) that there are differences between or among the various circuit courts of appeal concerning how they've ruled on the same issue.
This case is certainly about a core constitutional issue. However, there have not yet been any lawsuits parallel to ours in other federal circuits. Replacing that impetus in part are the many other states that have enacted or introduced Firearms Freedom Acts. Still, this case needs to catch the attention of three or more justices on the USSC to cause them to vote to accept the case.
For building awareness among USSC justices that this case is percolating towards them and for sparking their interest, this Washington-local editorial is invaluable, as will be a front page story about the case due to soon appear in the Wall Street Journal. You can just bet that the USSC justices and their law clerks read the Washington Times and the Wall Street Journal. Having such seeds planted before the case is appealed to the USSC may well make the difference, causing MSSA v. Holder to be one of the few cases the USSC chooses to accept and decide.
Gary Marbut, president
Montana Shooting Sports Associationhttp://www.mtssa.org
author, Gun Laws of Montanahttp://www.mtpublish.com