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Clarence Thomas and Neil Gorsuch Blast SCOTUS for Refusing to Hear Major Second Amendment Case
Reason ^ | 06/26/2017 | Damon Root

Posted on 06/26/2017 10:51:09 AM PDT by SeekAndFind

Today the U.S. Supreme Court declined to hear a major case out of California that asked whether the Second Amendment right to keep and bear arms includes the right to carry firearms in public. By refusing to get involved, the Court left in place a ruling by the U.S. Court of Appeals for the 9th Circuit that denied constitutional recognition to the right to carry.

Writing in dissent, Justice Clarence Thomas, joined by Justice Neil Gorsuch, blasted the Court for its failure to act and for its "distressing trend" of treating "the Second Amendment as a disfavored right."

According to Thomas, "the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it." Thomas added, "even if other Members of the Court do not agree that the Second Amendment likely protects a right to public carry, the time has come for the Court to answer this important question definitively."

Thomas offered a sharply worded case for why the Court should have taken up the question. Federal circuits, he pointed out, have reached different conclusions and are therefore irrevocably split on this pressing constitutional matter. "This Court has already suggested that the Second Amendment protects the right to carry firearms in public in some fashion. As we explained in Heller, to 'bear arms' means to 'wear, bear, or carry upon the person or in the clothing or in a pocket, for the purpose of being armed and ready for offensive or defensive action in a case of conflict with another person.'"

(Excerpt) Read more at reason.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: banglist; clarencethomas; lawsuit; neilgorsuch; scotus; scotus2ndamendment; secondamendment
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To: LucyT
Check out article and comments.

I just did and it did nothing to improve my already bad mood. It's not your fault.

41 posted on 06/26/2017 11:52:25 AM PDT by azishot
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To: Jim 0216
The Constitution does not give federal courts including SCOTUS the power to make national law, only the power to decide INDIVIDUAL CASES AND CONTROVERSIES (U.S. Constitution, Art III, Sec 2, Cl 1).

Thank you for reminding everyone. This is so quickly forgotten and misunderstood by the masses.
42 posted on 06/26/2017 11:53:02 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: UCANSEE2

Of course the feds don’t like the Constitution. They never have and they never will. It limits them, something government in their greed, avarice, and lust for power hates, and the Lying Left hates. So what else is new?

Nevertheless, it is up to each of us through our constitutionally sovereign states and elected state representatives to stand against unconstitutional federal acts which are acts of tyranny. Each of us must decide whether we are willing to fight for our God-given and constitutionally-protected freedoms or surrender to tyranny.

The Lying Left won’t give up easily and we’ve got too many POW’s and MIA’s on the Right. Much of the Right also seems lost on our ultimate goal here - and it is not Trump (Trump is a means to the end, Trump is not the goal itself). Our goal is recover our Free Constitutional Republic. No easy task. Nevertheless we are in the right and with God’s help, we will recover our Free Constitutional Republic.


43 posted on 06/26/2017 11:58:28 AM PDT by Jim W N
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To: Architect of Paradise
I want to read what Gorsuch wrote about it.

Gorsuch didn't write the dissent in this case. Thomas did and Gorsuch joined with him.

44 posted on 06/26/2017 11:58:40 AM PDT by DoodleDawg
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To: SeekAndFind
Unrelated, but think how much you'd pay for a pic showing Jim Comey standing alongside Ruth Buzzi Ginsberg


45 posted on 06/26/2017 12:03:02 PM PDT by bigbob (People say believe half of what you see son and none of what you hear - M. Gaye)
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To: SeekAndFind

Gorsuch is looking Great! Go Trump!

Most immigrants especially illegals vote for democrats/communists.

Voter id laws = Trump in 2020 for sure and that means up to 4 more conservative justices on the supreme court. Kennedy ,Ginsburg etc cannot hold out another 8 years guaranteed! this is for all the marbles. That’s all we need 1 law voter id and America is saved from the immigrant invasion and unconstitutional laws etc


46 posted on 06/26/2017 12:03:03 PM PDT by rurgan (5.7 million illegals voted for Hillary! voter id laws = trump 2020 = 4 conservative justices)
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To: Ruy Dias de Bivar

Now that there is INTERESTING! Thanks! That should be noised around!


47 posted on 06/26/2017 12:03:22 PM PDT by TEXOKIE (We must surrender only to our Holy God and never to the evil that has befallen us.)
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To: Sopater

You’re welcome.

Doing my durndest. Gotta unfinished website that will hopefully help...

https://sonsofconstitutionalliberty.com/


48 posted on 06/26/2017 12:04:35 PM PDT by Jim W N
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To: Principled

“if they can water down the 2nd amendment, they can water down anything in the bill of rights.”

They’ve watered down the 10th amendment to the point it is routinely ignored.


49 posted on 06/26/2017 12:05:21 PM PDT by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work on it.)
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To: SeekAndFind; All
Regarding the Supreme Court’s gun decision, I don’t know what the institutions are indoctrinating post-FDR era law students with concerning the Constitution, but it’s evidently not the federal government’s constitutionally limited powers as the Founding States had intended for those powers to be understood.

Consider that the states have never expressly constitutionally delegated to the feds the specific power to regulate civilian-related guns, the fed’s enumerated powers to regulate arms limited to military purposes as evidenced by Clause 12 and 16 as examples, of Congress’s constitutional Article I, Section 8-limited powers.

In other words, the misguided federal courts are arguably not only legislating civilian-related gun laws from the bench, but stealing state powers to do so imo.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.

In fact, it is disturbing that federal gun regulations for non-military related arms seem to have started appearing in the books during FDR Administration, FDR and the Congress at that time infamous for making laws which they had no express constitutional authority to make.

Franklin Roosevelt: The Father of Gun Control

Drain the swamp! Drain the swamp!

Remember in November ’18 !

Since Trump entered the ’16 presidential race too late for patriots to make sure that there were state sovereignty-respecting candidates on the primary ballots, patriots need make sure that such candidates are on the ’18 primary ballots so that they can be elected to support Trump in draining the unconstitutionally big federal government swamp.

Such a Congress will also be able to finish draining the swamp with respect to getting the remaining state sovereignty-ignoring, activist Supreme Court justices off of the bench.

Noting that the primaries start in Iowa and New Hampshire in February ‘18, patriots need to challenge candidates for federal office in the following way.

While I Googled the primary information above concerning Iowa and New Hampshire, FReeper iowamark brought to my attention that the February primaries for these states apply only to presidential election years. And after doing some more scratching, since primary dates for most states for 2018 elections probably haven’t been uploaded at this time (March 14, 2017), FReepers will need to find out primary dates from sources and / or websites in their own states.

Patriots need to qualify candidates by asking them why the Founding States made the Constitution’s Section 8 of Article I; to limit (cripple) the federal government’s powers.

Patriots also need to find candidates that are knowledgeable of the Supreme Court's clarifications of the federal government’s limited powers listed below.


50 posted on 06/26/2017 12:16:53 PM PDT by Amendment10
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To: SeekAndFind

They can take this up in 3 or 4 years, when the SCOTUS is a lock.


51 posted on 06/26/2017 12:19:25 PM PDT by Vendome (I've Gotta Be Me - https://www.youtube.com/watch?v=wH-pk2vZG2M)
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To: ameribbean expat

Who the hell decides whether to cert or not?


52 posted on 06/26/2017 12:23:25 PM PDT by Bonemaker
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who decides what gets heard?...anyone know? Is it Roberts decision alone?


53 posted on 06/26/2017 12:25:08 PM PDT by basalt
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To: Rebelbase; All

I don’t think “militia” means soldiers, who are formally enrolled and paid by the government. I think most “militias” are volunteer and recognized by some formal authority, but are not soldiers with a job.


54 posted on 06/26/2017 12:30:58 PM PDT by gleeaikin
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To: skimbell

RE: Next up Ginsburg and Kennedy. Next year Souter and the following year Thomas.

Souter is long gone.


55 posted on 06/26/2017 12:45:37 PM PDT by SeekAndFind
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To: basalt

It takes four to grant cert....so, where the heck were Alito and Roberts in this case????


56 posted on 06/26/2017 12:45:52 PM PDT by Founding Father (The Pedophile moHAMmudd [PBUH---Pigblood be upon him]; Charles Martel for President)
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To: SeekAndFind

So far Gorsuch is a great pick...


57 posted on 06/26/2017 12:46:29 PM PDT by Deplorable American1776 (Proud to be a DeplorableAmerican with a Deplorable Family...even the dog is DEPLORABLE :-))
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To: Principled
if they can water down the 2nd amendment, they can water down anything in the bill of rights.

if they can water down the 2nd amendment, and they can and do water down anything in the bill of rights.

58 posted on 06/26/2017 12:57:38 PM PDT by itsahoot (As long as there is money to be divided, there will be division.)
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To: SeekAndFind

It’s not the right time yet. Any decision now would need to get Kennedy’s agreement. Better to wait until we have one more conservative Justice.


59 posted on 06/26/2017 1:01:59 PM PDT by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: SeekAndFind

Prolly had to trade this in order to get the travel ban stay lifted.


60 posted on 06/26/2017 1:06:43 PM PDT by ichabod1 (Smoke does not mean fire when someone threw a smoke grenade.)
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