Saturday, March 15, 2008

Clement to "amend his position" on Heller?

That's according to Robert Novak of the Chicago Sun Times:

That has not lessened puzzlement over Clement, who has tried to explain his course to the White House by claiming he feared Justice Anthony Kennedy, the Supreme Court's current swing vote, would join a liberal majority on gun rights if forced to rule on Silberman's opinion. The more plausible explanation for Clement's stance is that he could not resist opposition to individual gun rights by career lawyers in the Justice Department's Criminal Division (who clashed with the Office of Legal Counsel in a heated internal struggle). Newly installed Attorney General Michael Mukasey, a neophyte at Justice, was unaware of the conflict and learned about Clement's position only after it had been locked in.

The cause needs help from Clement in his 15 minute oral argument, but not if he reiterates his written brief. The word was passed in government circles this week that Clement would amend his position when he actually faces the justices -- an odd ending to bizarre behavior by the Justice Department.


I'll believe it Tuesday when/if I hear it.

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