Posts Tagged Supreme Court

Time To Rectify Heller

From The Federalist:

Heller adopted the nonsense whole cloth. Ironically, the opinion was written by Justice Scalia, renowned as the court’s great originalist. Ironic, in that there is nothing in the legislative history of the Second Amendment to support a “common use” test.

As Judge Benitez wrote, “The command of the Amendment is that the right to keep and bear arms ‘shall not be infringed.’” Not some arms, but “Arms.” And not “infringed too much,” but “infringed” at all.

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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.”

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.

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SCOTUS Case More Than About Right To Carry

From Cam and Company:

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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.

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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.

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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.

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Supreme Court Rejects Cases Involving Non Violent Felons

From Cam and Company:

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Supreme Court Refuses To Take Another Gun Case

From The Truth About Guns:

The United States Supreme Court announced today that it will not review three cases challenging lifetime bans on gun ownership by people who have committed nonviolent offenses, some as long as four decades ago.

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Dems Want To Change Rules When Elections Don’t Go Their Way

From The Truth About Guns:

It’s finally dawned on Democrats in Washington that they probably can’t stop the confirmation of Judge Amy Coney Barrett to the Supreme court. That means it’s time to change the rules, which is why we’re hearing more calls for steps like statehood for D.C. and Puerto Rico and packing the Supreme Court .
But why stop there? Democrats are also reportedly planning to introduce a bill to limit the terms of Supreme Court justices. Rep. Ro Khanna is reportedly going to introduce the “Supreme Court Term Limits and Regular Appointments Act.”

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SCOTUS Candidate’s Views On Guns

From The Truth About Guns:

Barrett’s fondness for original texts was on display in a 2019 dissent in a gun-rights case in which she argued a person convicted of a nonviolent felony shouldn’t be automatically barred from owning a gun. All but a few pages of her 37-page dissent were devoted to the history of gun rules for convicted criminals in the 18th and 19th centuries.

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SCOTUS Vacancy Puts 2A Front and Center in Election

From Ammoland:

Before last Friday, it was urgent for every gun owner in the country to vote in the November election, and now with the death of Supreme Court Associate Justice Ruth Bader Ginsburg, it is critical for the survival of the Second Amendment to retain the Republican majority in the U.S. Senate and for Donald Trump to be elected to a second term, many in the gun rights community are saying today.

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Justice Roberts Is No Friend To Gun Owners

From Bearing Arms:

Gun owners have had a pretty good idea that Chief Justice John Roberts is reluctant to take a Second Amendment case for awhile now. First there was the Supreme Court’s mooting of a case dealing with a New York City gun law back in April, denying an opportunity for SCOTUS to once again weigh in on the right to keep and bear arms. That was followed in June by the refusal to hear any of the ten cases dealing with the Second Amendment that the Court had been considering in conference.

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No Equal Justice For Gun Owners

From The Truth About Guns:

The Court has made clear that it is not the least bit interested in being the founding document’s guardian. It’s not even interested in resolving differing interpretations of the Constitution with major splits among the Circuit Courts when it comes to the right to keep and bear arms.

Instead of doing the hard work that it is tasked to do, the Court has decided to play in a popularity contest. While the Court grants only a small percentage of writs of certiorari (approximately 3%), Second Amendment challenges cry out for clarification and easily meet the criteria for the Court’s review.

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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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