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U.S. Supreme Court "Requests" Response from State of California in Silveira v. Lockyer Lawsuit

September 25, 2003

(Updated Sept. 29 with link to actual order)

KeepAndBearArms.com -- Another interesting turn of events has occurred in the Silveira v. Lockyer Second Amendment lawsuit. Our legal experts advise that this new development suggests that the Supreme Court will probably be granting certiorari in this case -- that they will most likely be hearing the case for which KeepAndBearArms.com is the fundraiser.

On September 22, the Court issued a "Request for Response" to the Petition for a Supreme Court hearing of this true Second Amendment case -- a "request" that was sent to California attorney general Bill Lockyer and copied to lead Silveira attorney Gary Gorski. (See U.S. Supreme Court docket for Silveira v. Lockyer.) Why is this intriguing? Why does it suggest that the Justices are seriously considering hearing this case?

Let's quickly review the timeline of events surrounding the appeal of the Silveira case to the Supreme Court:

July 3, 2003: Petition for writ of certiorari filed. (Response due August 7, 2003)
July 30 - Aug 7: Amicus Briefs filed by Pink Pistols, Women Against Gun Control, Jews for the Preservation of Firearms Ownership, Second Amendment Sisters, Inc., National Rifle Association and Doctors for Sensible Gun Laws, in that order.
Aug 7, 2003:  Waiver of right of respondent Bill Lockyer, Attorney General of California to respond filed.
Aug 20 2003: Petition DISTRIBUTED for Conference of September 29, 2003.
Sep 22, 2003: Response Requested [from California, who already waived the right to respond]. (Due October 22, 2003)

California waived their right to respond to the Petition, in essence saying "we'll let this play out without saying anything." One week before the Justices were to have their "Conference" on the case, they told California to respond anyway. They are asking California's attorney general, "Hey, do you agree with this opinion by your judge Reinhardt, or not? What is your position on the arguments in this Certiorari Petition. We're taking this seriously. So should you. Take a position. You've got one month to do so."

The Justices could simply have denied the Silveira petition, like they did in Emerson and Bean. But they didn't. By all appearances, they are thinking, seriously, about granting certiorari.

Disclaimer: Of course it's not a done deal until the Supreme Court says they'll hear the case. Another possibility could be that they want to give California a chance to convince them not to hear it. Or that they want to give an appearance of giving the case serious consideration even though they don't plan to hear it. But why go to that much trouble when they don't have to?

The Silveira legal team believes, as they have for quite some time, that this case will be granted a hearing -- and that the case will be won on at least the two fundamental questions presented. If they are correct, history is about to be made.


Use the menu system in the upper left margin of this page to navigate the Silveira-related pages on this website. The case is a true, pure Second Amendment case that requires answers to two fundamental questions about the Second Amendment:

1) Is the Second Amendment a bar against infringements by the States?

2) Does the Second Amendment confer an individual right?

We already know the truth. The answer to both questions is an unequivocal YES. But these questions need to be answered squarely by the Supreme Court (rather than in mere dicta). Unlike the other Second Amendment cases petitioned to the Supreme Court by "gun rights leaders" since 1939, there's no wiggle room to avoid answering those questions; they must be answered if this case is heard. Liberty is on the line. Does the rule of law still apply, or has the federal government nullified the Bill of Rights? We may soon find out. And it's about time.

 

 QUOTES TO REMEMBER
"The ideal form of government is democracy tempered with assassination." --Voltaire (Source: Brainyquote.com)

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