Nominating three justices to the Supreme Court will stand out as one of Donald Trump’s defining legacies.
The left just got some really bad news on that front.
And Democrats gasped in horror at what the Supreme Court is about to do.
The Supreme Court handed down a unanimous 9-0 decision in the case of Caniglia v. Strom.
In this case, Edward Caniglia sued the city of Cranston, Rhode Island after police officers entered his home without a warrant to seize his firearms while Caniglia received mental health treatment.
Police cited the doctrine of “community caretaking exception” which allows police to seize guns during a traffic stop.
Writing for the entire Supreme Court, Clarence Thomas attacked warrantless gun seizures as fundamentally un-American.
“The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and there be free from unreasonable governmental intrusion,” Thomas wrote.
And Thomas laughed at the idea of comparing the circumstances of a roadside stop to entering someone’s home without a warrant.
“What is reasonable for vehicles is different from what is reasonable for homes,” Thomas added.
But Thomas’s majority opinion or the fact that even the Court’s three liberals upheld Fourth Amendment protections were not the most eye-opening aspect of this decision.
Justice Samuel Alito made the real news when in a concurring opinion, Alito all but begged for gun rights activists to file a legal challenge to “red flag confiscation” laws.
“This case also implicates another body of law that petitioner glossed over: the so-called ‘red flag’ laws that some States are now enacting. These laws enable the police to seize guns pursuant to a court order to prevent their use for suicide or the infliction of harm on innocent persons,” Justice Alito began.
Justice Alito made sure to note that the Court did not address the constitutional issues of red flag confiscation laws, but that Alito thought those laws were ripe for legal challenges.
“They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized. Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues,” Alito added.
The Supreme Court did not take up any significant Second Amendment cases after the 2008 landmark Heller decision which held for the first time that gun ownership was a fundamental right.
That’s because the Court’s other conservatives knew that Chief Justice John Roberts would vote with the left—like he does on every big case these days—to uphold gun control laws that infringe upon Americans’ Second Amendment rights.
But now that Amy Coney Barrett replaced Ruth Bader Ginsburg, conservatives believe they have five votes without Roberts.
And that’s why many believe Justice Alito felt confident to invite lawsuits asking courts to strike down red flag confiscation laws.
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