Posts Tagged scotus

Silence For 12 Years After Heller

From Reason:

Give it time, we were told. Wait a few years and the Court would eventually clarify the doctrine. The Second Amendment is now normal constitutional law, we were assured. And so time lapsed. 2011. 2012. 2013. 2014. Nothing.
Finally, in 2015, Justices Thomas and Scalia wrote two dissents from denial of cert. They called out their colleagues out for abdicating the Second Amendment. In December 2015, I wrote in National Review, “The lower courts continue to whittle away the Supreme Court’s rulings in District of Columbia v. Heller and McDonald v. Chicago, while seven justices stand by quietly, refusing to intervene.”

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Justices Don’t Trust Chief Justice With Second Amendment

From The Federalist:

The U.S. Supreme Court’s decision to pass on nearly a dozen gun-rights-related cases is breathtaking, not in the denial of hearing any, but in the seeming admission that the conservative associate justices think Chief Justice John Roberts can’t be trusted to protect the Bill of Rights.

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Supreme Court Denies All Pending 2A Cases

From The Truth About Guns:

Well, it has happened. Rather than the hoped-for clarification of the Second Amendment and the resolution of numerous Circuit Court splits, this morning the Supreme Court denied cert on all ten outstanding petitions in Second Amendment cases.

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Supreme Court Dissapoints

From Cam and Company:

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Washington Post Says SCOTUS Shouldn’t Take Any More Second Amendment Cases, Everything’s OK

From The Truth About Guns:

Since Heller,there has been virtually no disagreement among lower courts about how to apply these principles. Appeals courts have established a working consensus on how to evaluate gun measures, carefully following the Supreme Court’s guidance. When there is no disagreement among circuit courts, the Supreme Court typically declines to step in.

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Elites Hate That Normal People Have Guns

From The Washington Post:

Thus do right-wing extremists exploit America’s lax gun laws for political gain. Of course, the open carrying of rifles or handguns is a recipe for intimidation and potentially deadly confusion, even when not politically motivated. If shots ring out on a street full of armed pedestrians, how are the police supposed to identify the culprit?

On the whole, though, no state worthy of the name can permit exceptions to its monopoly on legitimate deployment of armed force like those in Michigan or North Carolina. Surely no sensible interpretation of the Second Amendment right to keep and bear arms would say a state must tolerate them.

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SCOTUS Creates Dangerous Precedent By Declaring NY Gun Case Moot

From Bearing Arms:

The 6-3 ruling saw Chief Justice John Roberts and Justice Brett Kavanaugh siding with the liberal wing of the court, while Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented from the opinion, arguing that the decision “permits our docket to be manipulated in a way that should not be countenanced.”

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Opinion: New York Gun Case Is Silly

From The New York Times:

I don’t know how the Second Amendment case the Supreme Court heard this week will turn out, but I do know this: If the subject weren’t so serious, the case in its current posture, with substantial doubt about whether there is even a dispute left for the court to decide, would be downright funny. For a window into the dynamics of today’s Supreme Court, look no further than the transcript of the argument in New York State Rifle and Pistol Association v. City of New York.

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Anti-gunners Don’t Know What They’re Protesting

From Townhall:

It’s almost as though they were bussed in for the event, given signs and told to stand there and look angry. The National Rifle Association’s social media team asked anti-gunners the name of the case and what the case was about and none of them seemed to know. Shocker, right?

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Misrepresenting “Well Regulated Militia”

From Reason:

When the Second Amendment was written, the idea that Americans had an individual right (and in some cases an obligation) to possess arms for defense of both themselves and the state was widely understood. It had roots in the rights won by the Glorious Revolution of 1688—rights that the American Revolution was dedicated to preserving.

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Supreme Court To Hear NY Gun Case

From The Truth About Guns:

The Second Amendment Foundation today cheered the U.S. Supreme Court’s decision to move forward with a case that challenges a New York City gun law that was so restrictive the city amended it, and then tried to get the high court to dismiss the case.

“We’re delighted that the Supreme Court will move this important case forward,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Second Amendment Foundation has filed an amicus brief in support of overturning this egregious attempt to infringe on the right to keep and bear arms. We are confident that the high court will ultimately rule in favor of Second Amendment rights.”

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NY Gun Case Set For Argument On Dec. 2

From NRA-ILA:

Now, it seems, their reckoning may be nigh, as the high court has scheduled the case for argument on Dec. 2.
The lawsuit, New York State Rifle & Pistol Assoc., Inc. v. City of New York, offers a revealing look into the mindset of gun control extremists, and in particular, their refusal to acknowledge the Supreme Court’s precedents that recognize the right to keep and bear arms as a fundamental, individual liberty.

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Heller Is Being Ignored

From National Review:

The McDonald Court declared that the Second Amendment is not a “second-class right,” to be “singled out for special — and specially unfavorable — treatment.” In 2019, however, Heller is in a precarious situation: There have been numerous victories for gun rights, but many lower courts have in practice nullified the Second Amendment. Later this year, the Supreme Court may hear a case involving egregious Second Amendment infringements by the New York City government. The Court should take the opportunity not only to strike New York’s abuses, but also to firmly remind lower courts that the Second Amendment is a first-class civil right.

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Lawsuits Can Threaten Rights

From Overlawyered:

The brief emphasizes two lines of argument that I find exactly to the point. First, under the right circumstances, the workings of tort lawsuits can impinge on individual rights guaranteed by the Constitution: exorbitant libel verdicts can menace freedom of speech, and similarly stretching of tort and public nuisance law can endanger Second Amendment rights. It is worth making explicit the parallels between the Supreme Court’s acknowledgment of the first in New York Times v. Sullivan and Congress’s recognition of the second in its passage of PLCAA.

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First 2nd Amendment Supreme Court Case Since Heller

From National Constitution Center:

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