Skip to comments.SCOTUS Is Considering Hearing This 2A Case...And Dem Senators Aren't Happy
Posted on 08/13/2019 4:11:53 PM PDT by Kaslin
A handful of Democratic Senators signed onto an amicus curiae brief in New York State Rifle and Pistol Association v. City of New York, defending New York City's blatant attack on the Second Amendment. For years, those who live in NYC could transport handguns, as long as it was to a few select gun ranges in the area. If you were a gun owner in NYC and wanted to take your firearm outside of city limits to a different gun range, that wasn't allowed.
The Senators who signed alongside New York City include Sheldon Whitehouse (RI), Mazi Hirono (HI), Richard Blumenthal (CT), Dick Durbin (IL) and Kirsten Gillibrand (NY).
According to the group, the Supreme Court should not take up this case because the plaintiffs gun rights advocates are looking to "thwart gun safety legislation" and have the desire to "expand the Second Amendment." The other argument they make: the Second Amendment and gun control is a political issue and the Supreme Court is supposed to be impartial, not a legislative body.
Translation: gun control proponents have realized this is a lost cause and, if the Supreme Court decided in the case, this could expand gun rights, not restrict them. This case could and would, more than likely, build upon both Heller and McDonald, which protects a person's right to own a firearm in their home for self-protection.
From the brief (emphasis mine):
The judiciary was not intended to settle hypothetical disagreements. The Framers designed Article III courts to adjudicate actual controversies brought by plaintiffs who suffer real-world harm. This reflects the Framers intent that the judiciary may truly be said to have neither force nor will but merely judgment. The Federalist No. 78, 464 (C. Rossiter ed. 2003) (A. Hamilton) (capitalization altered).
Apparently being limited to where you can take your handgun for self-protection isn't "real-world harm."
Apparently a city infringing on a person's Second Amendment rights isn't "real world harm."
So tell us, Senators, what exactly do you deem "real world harm?" We're waiting.
The rationale for this long-settled principle is simple: this Court is not a legislature. Obergefell v. Hodges, 135 S. Ct. 2584, 2611 (2015) (Roberts, C.J., dissenting). It can be tempting for judges to confuse [their] own preferences with the requirements of the law, id. at 2612, and to legislate political outcomes from the bench. But a judge is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness. Benjamin N. Cardozo, The Nature of the Judicial Process 141 (Yale Univ. Press 1921). Accordingly, justiciability doctrines, such as standing and mootness, have evolved to serve as an apolitical limitation on judicial power, confining the courts to their constitutionally prescribed lane. John G. Roberts, Jr., Article III Limits on Statutory Standing, 42 Duke L.J. 1219, 1230 (1993). In short, courts do not undertake political projects. Or at least they should not.
Yet this is preciselyand explicitlywhat petitioners ask the Court to do in this case, in the wake of a multimillion-dollar advertising campaign to shape this Courts composition, no less, and an industrial-strength influence campaign aimed at this Court. Indeed, petitioners and their allies have made perfectly clear that they seek a partner in a project to expand the Second Amendment and thwart gunsafety regulations. Particularly in an environment where a growing majority of Americans believes this Court is motivated mainly by politics, rather than by adherence to the law, the Court should resist petitioners invitation.
The Supreme Court is the highest law in the land. It is the final decision maker and the protector of our Constitutional rights. The justices are supposed to be unbiased, but guess what? We know they're not. We know that some believe in a strict originalist interpretation of the Constitution. Others believe the Constitution is a living document that evolves over time. Anyone who tries to tell you the Court doesn't have activist judges is straight up lying.
That's why we know RBG, Sotomayor, Bryer and Kagan are pretty much guaranteed to side with liberals. It's why we know Kavanagh, Gorsuch, Thomas and Alito almost always side with conservatives. Roberts is the toss up.
Democrats can argue that the Court shouldn't get involved in political issues, but it's the dumbest argument they can make. Pretty much every single case the Supreme Court hears is a political issue of some sort. There's a question of Constitutionality that needs to be addressed. If there wasn't, the Court wouldn't get involved.
Gun control proponents, like these Senators, are backtracking because they've realized they put their foot in their mouth. They've realized this case is a big loser for them and it can actually harm their cause.
I hope BK rips them to shreds
All senators from one party states. This is what’s in store for all of us.
The Dems have Roberts in their back pocket..don’t forget that..
WTH do the Democrat senators have to be happy? They are STILL reacting to losing the elections: The one they lost in 2016 and the one they WILL lose in 2020
Scumbags like this bunch are why the Founding Fathers saw a need for a Second Amendment in the first place.
2a is in the constitution.
Its SETTLED, socialist gun disarmers. For 230+ years.
You can't "expand" the second amendment. Those words don't make sense.
The second amendment IS .... period, and it is an all encompassing IS at that !
Yup I just did a search via duckduckgo.com
Exactly what I was thinking as I was reading. The Constitution does not give rights. It only acknowledges them. What part of “shall not be infringed” do they not understand?
I do not see "the public" making demands.
I do see a handfull of proglibs making barely veiled threats.
The fools are sooo close to the edge.
All Democrats in Congress are Statists and they hate that the Supreme Court even occasionally slaps their hands. Leftists want to crush all dissent, whether it be at a college campus, the Supreme Court or anywhere else in this country.
John Roberts is probably thinking “With Epstein gone, does that mean now I can vote the way I want to?”
There is no doubt in my conservative brain that the 2nd Amendment addresses both the states and individuals. Anyone who see’s it otherwise pisses on the Constitution. 4 judges are at the urinal. Will Roberts join them?
“Anyone who tries to tell you the Court doesn’t have activist judges is straight up lying. “
Like Traitor Roberts?
What a pathetic example of the left attempting to "reorganize" our language.
The 2d is the law, not some political opinion. Nonetheless, this leftist interpretation is coming to a town near you and will soon be in the school system, if not already.
They just want to make a small revision to the Second Amendment, “The Right of the Democrat Party to rewrite the Constitution, shall not be Infringed”.
Maybe they can enlighten me on how the State of Hawaii was "real-world harmed" by citizens of foreign countries, still in their home countries, who never before came to the this country, who were going to be denied visas to enter this country, and got a district court to block a President Trump executive order over it.
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