Democrats were dreading this day.
Liberals knew the time would come when they would pay the price for Donald Trump tilting the Supreme Court in a conservative direction.
Now Amy Coney Barrett is about to deck Joe Biden with a big piece of bad news.
Joe Biden is hoping to make gun control a centerpiece of his domestic policy agenda.
Biden wants new laws banning firearms and restricting the ability of Americans to defend themselves by limiting magazine capacity.
That is now in danger of being struck down thanks to the Supreme Court agreeing to take the New York State Rifle & Pistol Association v. Keith M. Corlett case.
On the face of it, the case is about New York denying applications for concealed carry permits because New York is a “shall issue” state.
However, this case provides an opportunity for a sweeping decision about the right to carry a firearm outside the home as well as the constitutional viability of gun control laws in states across the country.
“A small minority persists in denying the right to typical law-abiding citizens, instead of reserving self-defense rights to the small subset of individuals whom the state deems worthy,” stated the suit challenging New York’s restrictive concealed carry permit laws.
“New York is illustrative: It curtails fundamental, individual self-defense rights,” the suit continued. “The governmental insistence upon a unique showing of need ignores that the Second Amendment broadly guarantees rights to all ‘the people.’”
Gun-grabbers are terrified.
The litigation director at the anti-gun Giffords Law Center,Hannah Shearer, told the firearms news website The Reload:
“The Supreme Court’s willingness to take up this case is a reckless response to our nation’s grief and could take us in the completely wrong direction by restricting commonsense gun safety regulation,” Shearer said. “Today’s announcement is a warning sign that our nation’s highest court is poised to brush aside the will of the people and instead side with gun lobby groups seeking to eliminate even the most modest firearm laws.”
Gun-grabbers have every reason to worry.
For years the Supreme Court ducked taking Second Amendment cases.
The Court’s other four conservatives worried that John Roberts would vote with the left and enshrine gun control into the Constitution.
But now that Amy Coney Barrett replaced Ruth Bader Ginsburg, conservatives have five votes without Roberts.
Barrett’s opinions on the Seventh Circuit Court of Appeals suggest Justice Barrett believes in the text, history and tradition interpretation of the Second Amendment.
The “text, history and tradition” reading of the Second Amendment means that gun control laws are evaluated based on the plain language of the Second Amendment and the history of firearms policy in the United States and rejects “balancing tests” the Court uses for other rights.
A majority of justices applying text, history and tradition to the Second Amendment would not just strike down laws restricting who can obtain a concealed carry permit.
It would open up a host of gun control laws including so-called “assault weapons” bans to constitutional scrutiny.
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