Clarence Thomas spent years waiting for this moment.
A top Democrat is going to instantly regret making this challenge to Clarence Thomas.
California’s Democrat state Attorney General Rob Bonta announced he would appeal a ruling by United States District Court Judge Roger Benitez striking down California’s so-called “assault weapons” ban.
“NEW: We just appealed the district court decision that overturned California’s 32-year ban on assault weapons. I won’t rest in the fight to defend our state’s commonsense gun laws. Weapons of war don’t belong on our streets,” Bonta wrote on social media.
In his ruling, Judge Benitez leaned heavily on the 2008 Supreme Court Heller ruling which established gun ownership as an individual right.
The Heller decision also forbids the government from banning weapons in common use.
Judge Benitez ruled this language applied to the AR-15, of which Americans own between 5,000,000 and 10,000,000 variations of the rifle.
Benitez wrote“like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense weapon. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller and United States v. Miller. Yet, the State of California makes it a crime to have an AR-15 type rifle.”
Judge Benitez also smacked down the media fearmongers claiming America is awash with AR-15 mass shootings.
“One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter,” Judge Benitez wrote.
In 2017 the FBI reported 403 homicides from so-called “assault rifles.”
By comparison, there were 467 homicides attributed to blunt objects like hammers and 697 involving hands, fists or feet.
Democrats like Bonta were outraged by Judge Benitez’s decision and could not wait to appeal.
And while the far-left Ninth Circuit Court of Appeals will likely overturn Judge Benitez’s decision, Clarence Thomas and a newly empowered conservative majority are lying in wait.
Justice Thomas’s made it clear for several terms that he was waiting for gun control cases to make their way to the Supreme Court.
Thomas wrote a 2018 dissent to a Supreme Court decision to refuse to hear a case called Silvester v. Becerra which challenged California’s ten-day waiting period for firearms transfersthat it was long past time for the Court to start striking down gun control laws.
“If a lower court treated another right so cavalierly, I have little doubt that this court would intervene,” Thomas stated. “But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this court.”’
With Amy Coney Barrett on the Supreme Court replacing Ruth Bader Ginsburg, the other conservatives don’t have to count on Chief Justice Roberts.
One reason many suspect the Court did not take up any gun control cases was that the other four conservatives knew Roberts would vote with the left.
That changed this term when the Court agreed to hear a challenge to a case that could overturn bans on carrying firearms in public.
And now California may have handed Clarence Thomas and the Court’s other conservatives the gun control case they were looking for on a silver platter.
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