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The States Weigh In

February 8th, 2008 by Alan Gura

The opportunity to collaborate with so many old friends is among the many perks of working this case.  Among our amici briefs coming this Monday, we expect a brief from over thirty states, voicing support for the individual right view and rejecting the Petitioners’ “state militia” theory, authored by Texas SG Ted Cruz.  I’ve known and respected Ted for many years for his legal (and poker) acumen.  Considering the significance of this brief, we’re delighted to consent to Ted’s request for ten minutes of argument time.  [Ted and I had discussed dividing argument time at the D.C. Circuit stage, but we did not have enough time to divide.]

Of course, we would not begrudge the U.S. Solicitor General’s desire for argument time as well.  However, considering his position is adverse to our clients, it would be inappropriate for him to detract from our argument time.  Accordingly, we suggest to the Court that should the U.S. Solicitor General desire argument time, he be granted such time in addition to, and not instead of, the parties’ time.

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