Standing Case Heard at the Supreme Court

I wonder if this case might have some bearing on gun rights.  Dave Hardy is reporting on it:

Summers v. Earth Island Institute. A quick read suggests it’s no change in direction. (1) Plaintiff must challenge a specific decision, not a general policy or manner of decisionmaking; (2) Plaintiff (or its members) must show some risk of concrete risk of injury — “I visit Forests and this sometimes happens on Forests and so I might see it” is not enough.

It’s a 5-4, and a major factor in the split is that the dissent argues that a large organization should be able to argue that, given the size of its membership and the activities of its members, it’s likely in general that some of them will encounter results of the policy being litigated, even if the group’s attorneys cannot come up with specific member names and affidavits. (In this case, the challenge was to Forest Service sales of timber on small parcels, but thousands of them, and one of the plaintiff organizations had 700,000 members).

Isn’t this the basis of the Brady Campaign’s lawsuit against the Department of the Interior?   Can we get this dismissed on standing in light of this ruling?  How is what Dave Hardy described above with “I visit Forests and this sometimes happens on Forests and so I might see it” different than this:

Suzanne Verge, a member of the Brady Campaign […] regularly uses, visits, and enjoy national park areas, including Yosemite National Park […].  Defendants failure to comply with the Organic Act, NEPA and the APA directly harms Ms. Verge by reducing the safety and enjoyment of national park areas she visits and by increasing the risk of wildlife poaching.

Perhaps they get around this by singling out a specific member and claiming direct harm.  I’ll be honest, Sanding seems like more a hodgepodge for judges to get rid of unpleasant matters before them than a readily understandable and coherent doctrine limiting the judicial power.

Twittering the Porkulus

Senator McCain is twittering 10 pork project a day from the Democrat’s porkulus bill.  Some highlights:

#6. $632,000 for the Hungry Horse Project

#8. $143,000 for the Historic Jazz Foundation in Kansas City, MO

#10. $3,806,000 for a Sun Grant Initiative in SD

#4. All 13 earmarks for PMA group, which has been raided by the FBI for corruption, totaling over $10 million -THE BEST GOVERNMENT $ CAN BUY

I have to give McCain kudos for highlighting this garbage.  I’ll be honest, though, there’s a part of me that feels like the sooner Obama bankrupts the government, the sooner the political class that’s run this country into the ground will be thoroughly discredited.  The shame is that they will likely drag the rest of us down with them.

Busybodies vs. the Productive

Richard Fernandez had an interesting post at the beginning of this week that discussed what I’ve long thought is the fundamental problem with preserving liberty:

Paradoxically, maybe Barack Obama is right about one thing. Capitalism is too preoccupied with doing things. It leaves governance as an afterthought. It puts the “pursuit of happiness” front and center and goes about its business trusting to the existence of a civil society or the continued maintenance of a social contract. People working one hundred hour weeks have no time to think about Roland Burris II. But the problem is that people like Roland Burris II have lots of time to think about them.  People like Blag probably think of nothing but. And therein lies the rub.  Capitalism has this blind spot. Obama is right about that. While government was small and largely charged with keeping the bandidos at bay and collecting the garbage it was possible to leave governance to take care of itself, except for the time just before and after elections. But with the increasing power of the state and its growing propensity to tax, perhaps it is no longer possible for the productive people in America to simply go about their tasks while leaving Washington to amuse itself.

Read the whole thing.  It’s excellent.  Activism is very time consuming.  During the run up to the 2008 election, it was like having a second full time job.  My weekends were spent working gun shows, and weeknights talking to gun clubs and gun owners.  If not that, then making calls for the local pro-gun politicians.  If it were not for the fact that Bitter was not employed, I doubt I could have dedicated as much to it as I did.  The 2010 elections will be much harder on our time if, God willing, we’re both employed.

Activism is difficult for the productive, and people with families.  It’s easy for those who make their careers as community organizers.  We on the right need to start thinking about better ways to organize, that reflect the reality that most of us have jobs and families.  Richard is right.  We can’t afford any longer to leave Washington and the left to their own devices.

Is CeaseFire New Jersey Defunct?

How the mighty seem to have fallen.  I first wondered when a few months ago a friend of mine noticed that their domain was in redemption, basically meaning they hadn’t renewed it, and the registar was giving them a grace period where they could get the domain out.  We had designs on grabbing it and using it to promote a pro-gun message.  Alas the folks at New Jersey Coalition for Self-Defense got it before we did.  We’re happy it at least ended up in the hands of a pro-gun group and not a domain farm.  Their previous page can be found here, in case you were wondering.

Of course, this could just be some carelessness on the part of a volunteer, or on Bryan Miller’s part.  I know he’s been rather busy lately losing in Trenton on his gun rationing scheme, so renewing the web site might not be much on his mind.

But a quick look through GuideStar shows they haven’t filed a form 990 since 2000, which means they are below the $25,000 income threshold for years.  A quick search of New Jersey’s public charity search turns up nothing.  The last address listed for CeaseFire turns out to be a church in Cherry Hill, New Jersey.

But a quick check of their incorporation status turns up something interesting.  From 2003 to 2008, their incorporation status was listed as suspended.  They reincorporated last June, using a law office as their agent and mailing address for the corporation.  Bryan Miller is listed as the incorporator.

I now believe CeaseFire New Jersey to either be entirely the creation and pet project of Bryan Miller, or very close to it.  This likely means that CeaseFire is, in fact, effectively defunct as a political entity, even if it remains incorporated in name.  In short, there is absolutely nothing backing up Bryan Miller, except perhaps his relationship with the media.  For the “Garden State’s leading organization devoted to reducing gun violence,” their grass roots look an awful lot like a barren field of dirt.  Legislators in New Jersey fearing Bryan Miller can threaten their seats should fear not.  CeaseFire New Jersey truly is a paper tiger.

The Pressure is on the House

The news media has picked up the story that Pelosi had to pull her bill.  We might, from the articles, get an idea of what might happen in The House.  First, from the New York Times:

Chris Cox, the executive director of the N.R.A.’s legislative unit, wouldn’t confirm today that his organization threatened to monitor the vote in the House, or “score” it, as one of the gauges it uses to grade lawmakers’ adherence to the group’s agenda. “What I will say is that we would hold our right to take a position on a procedural motion that has a possibility of positively or adversely affecting the 2nd amendment,” Mr. Cox said. He termed “restoring Second Amendment rights” to district residents a “core issue’’ for his organization.

Next from the Washington Times:

House Democratic leaders have said the National Rifle Association is a major influence on some pro-gun Democrats on the Rules Committee, who may have agreed to attach the gun amendments to the bill.

“Leadership thought there was understanding with the NRA to keep the bill clean,” Mr. Connolly said. “Obviously there was a misunderstanding.”

From the Washington Post:

In an afternoon conference call with city officials, House Majority Leader Steny H. Hoyer (D-Md.) said he did not have enough votes to bring the bill to the floor without the possibility of amendments, according to sources with knowledge of the discussion.

“We weren’t confident the votes would be there,” said a senior House aide who spoke on condition of anonymity because she was not authorized to discuss the matter.

Hoyer put the bill on hold Tuesday after learning that the National Rifle Association was urging its members to use a procedural maneuver to press for amendments that would repeal many of the city’s gun laws.

Based on Chris Cox’s statements in the three articles, the NRA is playing its cards close to its chest, and so is the House leadership.  Pelosi and Hoyer pretty clearly don’t want to send Obama a bill with gun rights language in it — a bill Obama will likely have to sign.  There will be a lot of back room dealing over this bill, as both sides try to influence lawmakers.

This would be a good time to contact your Representatives and make sure they know how you expect them to vote on restoring the Second Amendment to the District of Columbia.  It’s a big help to NRA’s lobbyists if they are meeting with a representative who’s also gotten dozens of phone calls and e-mails about the issue, rather than heard nothing from constituents.

Hell Freezing Over

In perhaps an unintentional tribute to the title of this blog, I have to wonder about this bit from SayUncle:

If, say five year ago, you told me that there would be an actual discussion on the floor of passing concealed carry laws in Illinois, I would not have believed you.

And also this from Clayton Cramer:

See this video from CNN. They actually interview an expert pointing out that guns being used in Mexico aren’t assault weapons.

Lou Dobbs has been offering quite a lot of positive coverage about gun issues, and if you had told me five years ago CNN would be asking skeptical questions about a proposal for an assault weapons ban, and questioning whether it was constitutional, I also would not have believed you.

UPDATE: More from Lou Dobbs on the New Jersey One-Gun-a-Month bill here.

Earmark Reform

McCain introduced earmark reform in the Senate, and look who the Republicans are who opposed it:

Nine Republicans voted with Democrats against Mr. McCain’s amendment: Senators Lamar Alexander of Tennessee, Robert Bennett of Utah, Christopher Bond of Missouri, Thad Cochran of Mississippi, Susan Collins of Maine, Lisa Murkowski of Alaska, Richard Shelby of Alabama, Olympia Snowe of Maine and Arlen Specter of Pennsylvania. More here. (Via Tennessee Free)

It gores my goat that I’m going to have to help Specter out in 2010, in my capacity as EVC, because he’s likely to carry an NRA endorsement.  But given that NRA stays out of primary fights, I will absolutely back any actual Republican who wants to run against Specter in the primary.  Seriously, we might as well have a Democrat.  First the stimulus, now this.

Hat Tip Instapundit

Talking Out Two Sides of Their Website?

The fake pro-gun group American Hunters and Shooters Association seems to take one position in some places online, and other positions on their web site.  It would seem they are now waffling on the .50 caliber ban.  I anxiously await Bob Ricker’s explanation that we “self-defense whakos” just don’t understand their subtle nuance.

More Ineffectiveness from NRA

Those weak and defeated Lairds of Fairfax, who refuse to fight the good fight, and who are afraid of their own shadows, sure seem to have the leadership on Capitol Hill worried.

Democrats may be running the House, but the National Rifle Association (NRA) can still stop a bill in its tracks.

House Democratic leaders on Tuesday pulled legislation from the floor that seemingly had nothing to do with guns because the NRA disliked it.

The bill in question would give the District of Columbia a voting member of Congress. The gun-rights lobby prefers a Senate version, which includes language amending the District’s gun policies, and some suggest the NRA could make life difficult for conservative Democrats if that language is not included in the House version.

Pelosi was all set up to pass a clean bill, and NRA threatened to make accepting the Senate version in the house a “key vote” meaning that politicians will be graded on the vote.  That was enough to get her to pull the bill.

“The D.C. vote bill needs to pass,” said Rep. Dennis Cardoza (D-Calif.), a Blue Dog gun-rights supporter who sits on the House Rules Committee. “I would have concerns about any group who would tell us how to run our House.”

The NRA’s clout was evident last week when the amendment — removing D.C.’s ban on semiautomatic weapons, its registration requirement and trigger-lock rule — was adopted by the Senate, 62-36.

What Mr. Cardoza and his “blue dog” buddies need to understand is that it does no good if you just tell us you’re pro-Second Amendment, and answer your questionnaire well during election season.  At some point will come the time to vote.  Now is the time.  Look at blue dogs like Jason Altmire, who are actively out there fighting the leadership on this issue:

“They want to be like the rest of America. One of the things Americans do is pay attention to Supreme Court rulings,” said Rep. Jason Altmire (D-Pa.), a member of the House Second Amendment Task Force.

That’s what earns you those A grades.  The time to start dividing friend from foe is now.  Are you blue dog Dems friends of us?  Or friends of Pelosi and Hoyer?  Time to choose.