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Posts Tagged scotus
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.
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.â€
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.
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.
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.
Liberal Justices Find Gun Law “Unconstitutionally Vague”
From The Hill:
Under the law, the men could have faced a mandatory minimum sentence of five years, with it rising to seven years if the gun is brandished and to 10 if it’s fired. Other minimum sentences can also be imposed based on the type of firearm used during the alleged offense.
“In our constitutional order, a vague law is no law at all,” Gorsuch wrote. “Only the people’s elected representatives in Congress have the power to write new federal criminal laws. And when Congress exercises that power, it has to write statutes that given ordinary people fair warning about what the law demands of them.”
NY Law Headed To Supreme Court
From USA Today:
Gun rights groups are using New York City restrictions that may be repealed as a rallying cry to press the Supreme Court for a major expansion of its Second Amendment precedents.
Supreme Court Might Review NJ “may issue” law
From Guns.com:
The U.S. Supreme Court this week asked New Jersey officials to respond to a petition filed by a state resident allied with gun rights advocates. The case, that of Thomas Rogers and the Association of New Jersey Rifle & Pistol Clubs, had been turned away by the state’s own supreme court, setting the stage for the current appeal to the federal bench.
Case Could Reign In Federal Bureaucracies
From Bearing Arms:
Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.Â
Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)
SCOTUS Rejects Hearing California Gun Case
From CBS:
The Supreme Court is refusing a new invitation to rule on gun rights, leaving in place California restrictions on carrying concealed handguns in public.
The justices on Monday rejected an appeal from Sacramento residents who argued that they were unfairly denied permits to be armed in public.
Knife Case Going To Supreme Court
From Bearing Arms:
Knife Rights is going forward with an appeal to the Supreme Court of the United States of the Second Circuit’s decision in favor of New York City and District Attorney Cyrus Vance, Jr. in our long-running civil rights lawsuit over their persecution of pocket knife owners.
Interstate Gun Ban May Be Headed To Supreme Court
From Guns.com:
The thin majority agreed that the longtime ban on selling handguns over the counter to out-of-state residents is in the public interest. The minority vehemently disagreed with the concept, which predated today’s modern instant criminal background check process, holding it was against the Second Amendment and was confusing when compared to the ability to sell rifles and shotguns without such prohibitions.
Cody Wilson Interview
Interview by Micheal Malice:
SCOTUS Nominee On Second Amendment
From Reason:
No nominee to the U.S. Supreme Court has had such a detailed record on Second Amendment as does Brett Kavanaugh. His 2011 dissenting opinion in the case known as Heller II was consistent with his long-standing adherence to text, history, tradition, and Supreme Court precedent.