Today thirty-one states, led by Texas, filed an amicus curiae brief in support of the respondent in the historic Second Amendment case of D.C. v. Heller. I’m pleased to say that my own state’s attorney general, Oklahoma AG Drew Edmondson, a Democrat, is among the signatories.
The Thirty-One States’ brief suggests that D.C.’s full-blown bans on constitutionally protected arms should receive strict scrutiny. 31 States Br. at 31-32. Rejecting the U.S. Solicitor General’s call for a remand, the 31 States say that the D.C. Circuit’s judgment should be affirmed in full. Id. at 36. In another passage of great interest, these States also expressly support the incorporation of the Second Amendment against the States. Id. at 23 n.6 (“the right to keep and bear arms is fundamental and so is properly subject to incorporation”).
For its part, the District of Columbia attracted a group of five states as amici (three of which have no state constitutional right to arms), as well as Puerto Rico.
That leaves fourteen states that have chosen not to participate in Heller as amici on either side.
I’ll say more in another post about the 31 States’ brief, as well as the pro-Heller amicus brief filed on Friday by an absolute majority of each House of Congress and Vice President Cheney in his capacity as President of the Senate. For now, I just wanted to post these maps of the geographical distribution of the three groups of states in Heller. I hope those intrigued with American federalism and regionalism, as I am, will enjoy the food for thought.