Donald Trump’s expressed frustration with the direction of the Supreme Court.
The situation is coming to a head.
And now Clarence Thomas will face the biggest choice in his career on the Supreme Court.
California Federal Judge Roger Benitez threw down the gauntlet declaring California’s so-called “assault weapons” ban unconstitutional.
Judge Benitez cited the landmark 2008 Heller ruling that stated the government could not ban weapons in common use as the grounds for his decision.
“Under no level of heightened scrutiny can the law survive,” Benitez stated, adding that “the popular AR-15 rifle” was comparable to a “Swiss Army knife.”
Judge Benitez also rapped gun-grabbers for lying about the level of deaths in America attributed to rifles noting that more Americans were killed by knives.
“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 added.
California Attorney General Rob Bonta quickly appealed to the far-left Ninth Circuit Court of Appeals which predictably stayed Judge Benitez’s order.
“The 9th Circuit granted our motion to stay the district court’s ruling in Miller v. Bonta. This leaves our assault weapons laws in effect while appellate proceedings continue. We won’t stop defending these life-saving laws,” Attorney General Bonta tweeted.
But Attorney General Bonta even admitted that banning so-called “assault weapons” had nothing to do with public safety and everything to do with disarming the public.
“The ban on assault weapons will not put an end to all gun violence, but it is one important tool the state has to protect the safety of Californians while also respecting the rights of law-abiding residents who choose to possess firearms,” Attorney General Bonta declared.
The Ninth Circuit is likely to ultimately rule in favor of California’s so-called “assault weapons” ban.
Gun rights activists want a test case and will appeal to the Supreme Court.
Clarence Thomas issued multiple opinions the last several years begging the Court to take more Second Amendment cases.
With Amy Coney Barrett and Brett Kavanaugh on the bench, conservatives thought now was the time to put a case before the Supreme Court that would apply the Heller standard of preventing bans of commonly owned rifles to state-level prohibitions against owning so-called “assault weapons.”
But after Kavanaugh and Barrett ruled with the left on upholding Obamacare and limiting religious liberty, Thomas must be wondering if it is worth it to push the Court to take up the California so-called “assault weapons” ban case.
The last thing conservatives wants is a precedent upholding gun control.
And it will likely be up to Thomas to judge if the Court has five votes to strike down unconstitutional gun control.
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