Locked and Loaded: Supreme Court is ready for a showdown on the Second Amendment

Asia's Tech News Daily

In the movie “True Grit,” federal marshal Rooster Cogburn is asked if the gun that he brandished at a crime scene was loaded. Cogburn, played by John Wayne, dryly responds: A gun that’s unloaded and cocked ain’t good for nothing.” Something similar might be said of a Supreme Court docket, particularly when there is a Second Amendment case that could prove one of the most impactful decisions of the term.

© New York Times/Pool Supreme Court Justices pose for group photo with newly sworn in Justice Amy Coney Barrett on April 23, 2021

The court will soon take up New York State Rifle & Pistol Association v. Bruen, more than a decade after its last major gun rights decision. The case promises to be a showdown between the Supreme Court and lower courts, which have been chipping away at the high court’s prior Second Amendment rulings.

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller, recognizing the Second Amendment as encompassing an individual right to bear arms. Two years after Heller, in McDonald v. City of Chicago, the court ruled that this right applied against the states.

The new case concerns concealed-carry restrictions under N.Y. Penal Law § 400.00(2)(f) that require a showing of “proper cause.” Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” The case presents a single short, direct question – whether New York’s denial of petitioners’ applications for concealed-carry licenses for self defense violated the Second Amendment.

The high court has been carefully waiting for just the right case to address states and cities that have sought to limit gun rights. Indeed, just this week, the court turned down a challenge of a Wisconsin law imposing a lifetime ban on gun ownership for former felons, including cases involving nonviolent crimes. That and other cases seemed tailor-made for Justice Amy Coney Barrett, who wrote a strong defense of the Second Amendment in a similar case as an appellate judge.

It often is difficult to determine which side of the court supplied the votes to grant review in a case. That is not the situation here. The New York case was clearly accepted by conservative justices with a mind toward reversal of the U.S. Court of Appeals for the Second Circuit.

The selection of a New York case is particularly poignant. Some of the justices were none too pleased with the Big Apple last year when city officials suddenly sought to withdraw a case on the court’s docket. New York politicians had passed a law that many of us viewed as unconstitutional, with its imposition of burdensome limits on the transportation of lawful guns from homes. Those politicians publicly thumped their chests about going to the Supreme Court with the law and limiting the Second Amendment precedent; professing absolute confidence, they litigated the law and, again, the Second Circuit supported the dubious statute. The Supreme Court accepted the case for review and was expected to overturn the law – until New York suddenly changed the law, and then quietly sought to withdraw their case before any ruling.

The court ultimately dismissed the case but did so over the objections of three dissenting justices. It was a rare instance in which the court resisted such a mootness ruling after a party sought to withdraw – but, then, few litigants have had the temerity to do what New York did. Justices Samuel Alito, Neil Gorsuch and Clarence Thomas specifically called out New York for “manipulating” the docket by withdrawing an unconstitutional law just before a final opinion. Justice Brett Kavanaugh joined in the condemnation and added menacingly that “some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”

The court then did precisely that, by accepting a case with the very same plaintiffs: New York State Rifle & Pistol Association. On this occasion, however, the court is unlikely to tolerate another bait-and switch by state officials trying to withdraw the case at the last minute.

If those four justices are still intent on pushing back on lower courts, they need only Chief Justice John Roberts or Justice Amy Coney Barrett to hand down a major ruling in favor of gun rights.

The briefs filed in the case include groups like the Cato Institute which directly confronted the court about it being legally absent without leave on gun rights for more than a decade. Cato has argued that judicial “inaction has contributed to the Second Amendment’s demise. It’s no secret that many federal courts have engaged in systematic resistance to Heller and McDonald.”

Many point to the court’s statement in Heller which acknowledged that, “Like most rights, the right secured by the Second Amendment is not unlimited.” It then listed possible “sensitive places” for denying permits to former felons. Lower courts limiting gun rights have repeated those lines like a mantra and the high court appears poised to bring clarity to that ambiguity.

Bruen has many of the same elements as Heller, including a rich historical discussion of what gun ownership has meant through history. Notably, English subjects in the American colonies were the first to receive written guarantees of the right to bear arms for self defense; settlers of the Virginia Colony in 1607 and the New England Colony in 1620 were subjects under royal charters recognizing that right. In England, the right to bear arms was formally declared in the 1689 Declaration of Rights that stated that the right to arms was among the subjects’ “true, ancient and indubitable rights.”

That history will weigh heavily in the court defining the right of people to carry weapons in self defense outside of the home. In many ways, Bruen is the shot not taken last year in New York State Rifle & Pistol Association, Inc. v. City of New York. Now the same plaintiffs are back, and New York has supplied another perfect case for the expansion of gun rights. So if you are wondering if Bruen is loaded, at least four justices are likely to agree that a Second Amendment case “that’s unloaded and cocked ain’t good for nothing.”

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can find his updates on Twitter @JonathanTurley.

Internet Explorer Channel Network
Asia's Tech News Daily
News Related


83: Adinath Kothare aka Dilip Vengsarkar on Ranveer Singh's portrayal of Kapil Dev: He is always in his zone

© Provided by Pinkvilla Makers of ‘83’ recently revealed the trailer of the film which received wide appreciation from the audiences. Ranveer Singh’s transformation into Kapil Dev has been receiving ... Read more »

PICS: Antim rivals Salman Khan & Aayush Sharam arrive at Tara Sutaria & Ahan Shetty's Tadap screening

Tara Sutaria and Ahan Shetty are currently gearing up for the release of their upcoming film Tadap. The makers of the films are leaving no stone unturned to brace audiences ... Read more »

Halle Berry partners with streaming giant Netflix again, signs multiple films

© Provided by Pinkvilla   Halle Berry continues to fight her way to the top. Riding high on the success of her first directorial movie, Bruised, the actress has struck ... Read more »

Spotify 2021 Wrapped is here. Here's how to find it.

Spotify released its annual "Wrapped" round-up, looking back at the year's most popular music, including artists like Bad Bunny, Taylor Swift and BTS. Read more »

Capital One to drop overdraft fees for all retail banking customers

It’s the largest U.S. bank yet to end the lucrative industry practice of charging customers a hefty fee, typically $25 to $35 each instance. Read more »

Debt swells to nearly P12 trillion

© KJ Rosales, file Debt swells to nearly P12 trillion MANILA, Philippines — The country’s outstanding debt nearly hit the P12-trillion mark in end-October, forcing the government to slow its ... Read more »

Christmas decorations sa bahay ng ilang Kapuso star, silipin

carmina villaroel Damang-dama na ang Pasko at makikita rin sa Christmas decorations ng ilang Kapuso star sa kani-kanilang mga tahanan. Sa Chika Minute report ni Cata Tibayan sa GMA News ... Read more »

Jacqueline Avant, wife of music legend Clarence Avant, shot and killed

Beverly Hills police responded to calls regarding a shooting at the home of Jacqueline and Clarence Avant at about 2:23 a.m. Wednesday morning. Read more »

Forty-three licences given to French vessels

© BBC Fishing licences were being issued after “careful analysis” of applicant vessels’ data, the States said Forty-three licences are being granted to French fishing vessels to work within the ... Read more »

MPs see red over botched green homes scheme

Heat pump A government green homes scheme was such a “slam-dunk fail” that it has damaged the public's confidence, a report has found. The Government's Green Homes Grant was rushed ... Read more »

Restorative Yoga: Lengthening & Stretching - Class 3

In class 3 of our restorative yoga series, instructor Rita Murjani leads you through 38 minutes of beginner-friendly poses focused on lengthening and stretching the side body – incorporating Downward ... Read more »

Harsche Kritik für Zertifikatspflicht im Privaten und Homeoffice-Pflicht: So kommen die Corona-Vorschläge des Bundesrats an

Die Erziehungsdirektoren halten wenig von der Testpflicht an Schulen, die Arbeitgeber noch weniger von der Homeoffice-Pflicht – und so mancher Kanton ist skeptisch gegenüber der Zertifikatspflicht im Privaten: So sind ... Read more »

2 defendants in MS-13 trial plead guilty to attempted murder charges

Dec. 1—Two defendants in the MS-13 gang murder trial were sentenced to more than two decades in prison after pleading guilty to charges related to a series of killings in ... Read more »

Spieler des Monats: Lakers-Goalie Melvin Nyffeler: «Leevis Lächeln lässt mich alles vergessen»

© Bereitgestellt von Blick «Leevis Lächeln lässt mich alles vergessen» Im Mini-Lakers-Tenü mit der Nummer 60 und «Papa» auf dem Rücken steht der kleine Leevi zuunterst auf der Sitzplatz-Tribüne und ... Read more »

Atemprobleme? Lara Gut-Behrami soll seit Wochen unter Erkältung leiden

Diashow ein Das Mittwoch-Training von Lara Gut-Behrami lief nicht nach Plan. Die Schweizerin hatte einen grossen Rückstand. Laut Medienberichten soll sie an einer hartnäckigen Erkältung leiden und Probleme beim Atmen ... Read more »

Mit 18 Schrauben fixiert: Napoli-Star springt Auge aus der Höhle

© keystone-sda.ch Napoli’s Victor Osimhen receives medical aid during the Serie A soccer match between Inter Milan and Napoli at San Siro Stadium, in Milan, Italy, Sunday, Nov. 21, 2021. ... Read more »

India joins G20 Troika, to work closely with Indonesia, Italy to ensure consistency of agenda

India on Wednesday joined the G20 Troika comprising the current, previous and incoming presidencies of the grouping, the Ministry of External Affairs said. The G20 Troika consists of Indonesia, Italy, ... Read more »

Lukaschenko erkennt ukrainische Halbinsel Krim als russisch an

© Keystone/POOL BelTa/AP/Maxim Guchek Der autoritäre belarussische Machthaber Alexander Lukaschenko hat die annektierte ukrainische Schwarzmeer-Halbinsel Krim nach langem Zögern erstmals als russisch anerkannt. “Die Krim ist (…) de facto eine ... Read more »

IT par panel recommends setting up of Media Council with statutory powers to check 'irregularities' in print, electronic and digital platform

Noting that media was gradually losing its “credibility and integrity”, the Parliamentary Standing Committee on Communications and Information Technology on Wednesday recommended setting up of a ‘Media Council’ with statutory ... Read more »

So will Österreich die Impfpflicht durchsetzen

Im Februar tritt im Nachbarland die Impfpflicht in Kraft. Impfverweigerern drohen empfindliche Bussen. © Foto: Joe Klamar (AFP) Die Schlangen der Impfwilligen werden in Österreich länger, wie hier in Wien. ... Read more »

In Brazil, a favela start-up delivers parcels where others fear to tread

By Leonardo Benassatto SAO PAULO (Reuters) – For years this maze of narrow alleyways and precariously stacked cinder block homes was off limits for Brazilian e-commerce delivery companies, deemed impassable ... Read more »

Italy reports 103 coronavirus deaths on Wednesday, 15,085 new cases

COVID-19 pandemic in Milan MILAN (Reuters) – Italy reported 103 coronavirus-related deaths on Wednesday against 89 the day before, the health ministry said, while the daily tally of new infections ... Read more »

This Morning's Phillip Schofield in horribly awkward moment as he realises he's reading out VERY inappropriate text

AN awkward silence descended on This Morning today – when Phillip Schofield started reading a message he shouldn't live on air. The live TV veteran, 59, trailed off after it ... Read more »

All the extra benefits and discounts you can get if you receive PIP payments

PERSONAL Independence Payment (PIP) is a benefit designed to help with extra living costs if you have a disability. If you're eligible, you may be entitled to extra top ups ... Read more »

Oconee deputies seek driver who 'intentionally' ran down cyclist in case of road rage

Oconee County sheriff’s deputies are investigating two cases of road rage, including one where a bicyclist was hospitalized after officers said he was “intentionally” run down by a pickup driver. ... Read more »

Epstein ‘sex slave', 14, met Trump at Mar-A-Lago and saw Prince Andrew on private jet, Ghislaine Maxwell trial hears

JEFFREY Epstein introduced a teenage sex abuse victim to Donald Trump at Mar-a-Lago and was on a private jet with Prince Andrew, Ghislaine Maxwell's trial heard. Maxwell's first accuser – ... Read more »

Jordan Peele's Nope Has Hit A Major Production Milestone

Rebecca Sapp/Getty It wasn’t all that long ago that Jordan Peele was recognized mostly as a talented performer with a crackling sense of humor and uncanny comedic timing. That reputation ... Read more »

Mets owner Steve Cohen invests in startup 24-7 stock-trading platform

Steve Cohen is betting enthusiasm exists to support 24-hour-a-day, 7-day-a-week trading. Getty Images for Lincoln Center Hedge fund billionaire and Mets owner Steve Cohen is investing in a startup that ... Read more »

Arizona cop fatally shoots man in wheelchair nine times in the back: video

Harrowing footage caught the moment an off-duty Arizona cop working as a Walmart security guard shot a 61-year-old man in a wheelchair nine times in the back, killing him — ... Read more »

UK motoring retailer Halfords to buy Axle Group for $83 million

(Reuters) – Halfords Group Plc said it would buy Axle Group Holdings Ltd, which owns the popular National tyre servicing brand, for 62 million pounds ($82.54 million) as the motoring ... Read more »

Brits face £1,700 a YEAR rise in costs - fuel and supermarket rises squeezing wallets

Weekly costs for a typical family with two adults and two children are expected to climb by £33.60 a week compared to December last year, or £1,700 a year, according ... Read more »

Oral arguments in pivotal Mississippi abortion case heard by supreme court

Conservative and liberal US supreme court justices clashed on Wednesday during oral arguments in the most important abortion rights case in decades, which will decide the future of abortion access ... Read more »

Voices: If you understand why Chris and Andrew Cuomo ‘put family first', that's a problem

It was reported months ago that CNN anchor Chris Cuomo had played a hand in helping his brother, disgraced former New York governor Andrew Cuomo, weather a cascade of sexual ... Read more »

Boris Johnson branded a 'clown' by Emmanuel Macron amid tense diplomatic spat

French President Emmanuel Macron has privately branded Boris Johnson “un clown” in charge of “a circus”. Relations between London and Paris have been in the deep freeze for months over ... Read more »

FTSE 100 posts biggest rise in four months as travel shares rally – business live

LIVE – Updated at 17:31 © Photograph: Henry Nicholls/Reuters People walk through the City of London financial district today Rolling coverage of the latest economic and financial news. FTSE 100 ... Read more »

Paris claims victory in fishing row as Guernsey grants licences

© Provided by Daily Mail MailOnline logo France has claimed a victory in the fishing wars with Britain after Guernsey approved all licences Paris said its fishermen were untitled to ... Read more »

Don't miss this extended Shark cordless vacuum Cyber Monday deal

© Expert Reviews shark cordless vacuum black friday cyber monday deal IZ300UKT Vacuum cleaners We’re suckers for a great cordless vacuum cleaner deal, and there’s plenty on offer in Shark’s Black ... Read more »

'I know someone did something to her': Families mark National Missing Persons Day

Barbara Walsh has been missing for 36 years. BARBARA WALSH WENT missing from her home in Rusheenamanagh in Co Galway 36 years ago. A number of locals had gathered at ... Read more »

Tracee Ellis Ross looks lean in lycra for very stretchy workout

© Provided by Hello! tracee-ellis-ross-fashion-awards Tracee Ellis Ross slipped out of her designer duds and into some activewear as she showed off exactly how she maintains her fit physique.  The ... Read more »

This UNBEATABLE GoPro Hero 10 Black deal is still on

© Expert Reviews gopro hero 10 black black friday deal lead image Action cameras This GoPro Hero 10 Cyber Monday deal is still going and isn’t to be missed. Although ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic