Brett Kavanaugh’s confirmation to the Supreme Court was supposed to be a crowning achievement from President Trump.
But something went terribly wrong.
And now Brett Kavanaugh dealt Trump a massive 2020 setback that no one could have predicted.
The Supreme Court has not heard any significant gun control legislation since the landmark 2008 Heller case that established for the first time that owning a firearm was a fundamental right guaranteed by the Constitution.
But that all stood to change with the Supreme Court set to hear a challenge to a New York City gun control law which banned firearms owners from transporting their guns outside the city limits even if the gun owner was going to a shooting range or their own home.
The New York City Council saw the writing on the wall and realized the court was going to expand the Heller decision by holding the right to carry a firearm extended to outside the home and quickly changed the law.
In a six to three decision – in which Brett Kavanaugh and Chief Justice John Roberts sided with the court’s four liberal justices – the court dismissed the case as moot, meaning the issue has already been resolved.
“After we granted certiorari, the State of New York amended its firearm licensing statute, and the City amended the rule so that petitioners may now transport firearms to a second home or shooting range outside of the city, which is the precise relief that petitioners requested in the prayer for relief in their complaint,” the court’s opinion held.
Justice Samuel Alito was furious.
Alito authored a dissent trashing the law and New York State’s legal arguments in its favor.
“But the meaning of a ‘reasonably necessary’ stop is hardly clear,” Alito argued. “What about a stop to buy groceries just before coming home? Or a stop to pick up a friend who also wants to practice at a range outside the City? Or a quick visit to a sick relative or friend who lives near a range? The City does not know the answer to such questions.”
“This is not a close question,” Alito added.
“If history is not sufficient to show that the New York City ordinance is unconstitutional, any doubt is dispelled by the weakness of the City’s showing that its travel restriction significantly promoted public safety. Although the courts below claimed to apply heightened scrutiny, there was nothing heightened about what they did,” Justice Alito continued.
“In sum, the City’s travel restriction burdened the very right recognized in Heller,” Alito added, referring to the landmark gun rights case. “History provides no support for a restriction of this type. The City’s public safety arguments were weak on their face, were not substantiated in any way, and were accepted below with no serious probing. And once we granted review in this case, the City’s public safety concerns evaporated.”
Justice Kavanaugh and Chief Justice Roberts’ betrayal pushes back any attempt by the court to expand gun rights and establish that the Second Amendment guarantees that the right to keep and bear arms shall not be infringed gets pushed back by at least one year.
Republicans turned out to elect a Republican President and Senate so they could nominate and confirm conservative Supreme Court Justices.
If GOP voters don’t see a return on their investment, they may not be as enthusiastic to turn out in 2020.
Great American Daily will keep you up to date on any new developments in this ongoing story.