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Posts Tagged scotus
The Bruen Decision Was Just The Beginning
From The Truth About Guns:
There are no longer tiered levels of examination or scrutiny. If the law in question materially limits the right to keep and bear arms, then, with remarkably few exceptions, under Bruen the law will be an infringement on Second Amendment rights.
CDC Director Disputes Sotomayor’s Covid Claims
From NTD:
Centers for Disease Control and Prevention (CDC) Director Rochelle Walenksy disputed Supreme Court Justice Sonia Sotomayor’s claim that 100,000 children are hospitalized or seriously ill with COVID-19 during arguments last week.
During an interview with “Fox News Sunday,†Walensky confirmed there are about 3,500 children in the hospital and who tested positive for COVID-19, the disease caused by the CCP (Chinese Communist Party) virus.
Restitution Should Be A Remedy For Unconstitutional Prosecutions
From The Truth About Guns:
An individual should not be punished for noncompliance with an unconstitutional law. If they were unjustly punished, then they deserve restitution. So far, only a few people have applied for restitution in DC. There is a larger class action lawsuit that needs to be filed against the district.
Interview with Sharone Mitchell Jr. of the Cook County Public Defenders on NY Gun Case
From Slate’s What Next podcast:
The 14th Amendment And Gun Laws
From The Federalist:
On its face, this law clearly violates the spirit of the Second Amendment. Conservatives arguing to overturn it, however, find themselves in the awkward position of arguing against long-standing conservative principles like constitutional federalism and state sovereignty. Implicitly, in this case, the argument for gun rights relies on a century of progressive precedent known as the “incorporation doctrine.â€
Activist courts have used this legal theory to impose left-wing policies top-down onto the states. Conservatives are right to insist on a consistent standard; if the Constitution means no school prayer in Kansas, then it also means the right to carry a gun in New York City.
Left Prefers Feelings Over Science On Guns
From The Federalist:
Whenever states have eliminated “proper cause†requirements, gun-control advocates have predicted disaster, with blood-in-the-streets and irresponsible behavior by permit holders. But in state after state, concealed handgun permit holders have proved them wrong by being extremely law-abiding. Indeed, none of the right-to-carry states have even held a legislative hearing, let alone held a vote, to move back to requiring “proper cause.â€
Six Takeaways From The NY Gun Case
From The Federalist:
While New York conceded the Second Amendment applies beyond one’s threshold, Solicitor General Barbara Underwood quickly forgot that the Bill of Rights protects rights—it doesn’t define privileges. For instance, in discussing the regulation of firearms outside the home, Underwood started to say that “these regulations are all an effort to accommodate the right,†but then backtracked, saying the regulations seek to “respect the right of self-defense.â€
The slip of the tongue was telling, however: It means New York state doesn’t truly view the Second Amendment right to keep and bear arms as a right, but as a privilege it will accommodate — when governmental officials deem it appropriate.
Gun Rights Groups File Amicus Briefs In NY Carry Case
From Ammoland:
Two national gun rights organizations—the Second Amendment Foundation and its grassroots sibling, the Citizens Committee for the Right to Keep and Bear Arms—have filed separate amicus briefs to the U.S. Supreme Court in support of a challenge of New York State’s ultra-restrictive carry laws by the New York State Rifle & Pistol Association (NYSRPA)
Reciprocity Now
From The Federalist:
While predicting Supreme Court decisions can be a fool’s errand, given the Supreme Court’s precedents it would appear likely the days of New York and a minority of states requiring citizens to prove “good cause†or a “need†to exercise their Second Amendment right to carry a firearm on their person for self-protection are numbered. Should the Supreme Court strike down these “may issue†requirements, then all states will be “shall issue.â€
That’s where the Concealed Carry Reciprocity Act (H.R. 38/S. 1522), introduced by U.S. Rep. Richard Hudson, R-N.C., in the House of Representatives and by Sen. John Cornyn, R-Texas, in the U.S. Senate makes all the sense in the world. If all states are required to adhere to a “shall issue†policy, it only makes sense to treat concealed carry permits the same way individuals states treat driver’s licenses.
Review Of Stephen Halbrook’s New Book On The Right To Bear Arms
From Reason:
The U.S. Supreme Court has granted certiorari to hear a major case on the right to bear arms, New York State Rifle & Pistol Association Inc. v. Corlett. By happy coincidence, the best book on the legal history of the right has just been published: Stephen P. Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class? Post Hill Press, 371 pages, $17.99, paperback.
Halbrook’s book will be central to the Supreme Court case, just as Halbrook’s previous work was for the Supreme Court’s decisions in District of Columbia v. Heller and McDonald v. Chicago—not only in direct citations, but also in the many original sources that Halbrook was the first to write about, and which the Court incorporated in its opinions.
Supreme Court Refuses Bump Stock Case
From Associated Press:
The high court on Monday turned away a challenge to the ban, which took effect in October 2018. A lower court had dismissed the challenge at an early stage and that decision had been upheld by an appeals court. As is typical, the court didn’t comment in declining to take the case.
Supreme Court Takes First Gun Case In Over A Decade
From The Federalist:
On Monday, the Supreme Court agreed to hear an appeal by two petitioners challenging New York’s denial of their applications for concealed-carry firearm licenses. The case, New York State Rifle & Pistol Association, Inc. v. Corlett, represents the first time in more than a decade that the high court will hear a Second Amendment case.