Joe Biden and the Democrats are on a collision course with the Supreme Court.
It’s shaping up to be bad news for the left.
And Joe Biden is about to face Clarence Thomas in one case that could cost him everything.
For years Supreme Court Justice Clarence Thomas complained that the Court treated the Second Amendment like a second-class right.
That all changed last year with the New York State Rifle & Pistol Association, Inc. v. Bruen where the Supreme Court struck down New York’s onerous concealed-carry permit scheme.
The Court also held that gun control laws that did not comport with America’s history and tradition of protecting the Second Amendment were unconstitutional.
Second Amendment activists cheered this ruling as it meant the Supreme Court would seriously consider striking down gun grabs like a so-called “assault weapons” ban.
That dream came one day closer to reality when U.S. District Judge Stephen McGlynn blocked Illinois’ ban on so-called “assault weapons” and “high-capacity magazines.”
Judge McGlynn noted that the popularity of those gun grabs is irrelevant because “even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens.”
The judge also rejected out of hand Illinois’ argument that it could ban so-called “high-capacity” magazines because banning ammunition was not supposedly an explicit gun ban.
Judge McGlynn wrote that the courts have long rejected that argument ruling that the government cannot work around the Second Amendment by banning items like ammunition which make exercising Americans’ Second Amendment rights possible.
“Defendants’ argument is not persuasive. The Seventh Circuit has recognized the Second Amendment as extending to ‘corollar[ies] to the meaningful exercise of the core right to possess firearms for self-defense.’ It is hard to imagine something more closely correlated to the right to use a firearm in self-defense than the ability to effectively load ammunition into the firearm. The Third Circuit recognized the importance of this corollary and held that ‘a magazine is an arm under the Second Amendment,’” Judge McGlynn continued.
In his ruling, Judge McGlynn also shot down Illinois’ argument that it could ban so-called “assault rifles” because the Founders only had muskets and pistols at their disposal.
Judge McGlynn explained that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”
Finally, Judge McGlynn cited the Bruen ruling to hold that a ban on so-called “assault weapons” failed constitutional muster because it ran afoul of the Supreme Court’s holding that the government cannot ban weapons in common use by noting that millions of Americans own these firearms.
“Bruen clearly holds that the Second Amendment protects ‘possession and use’ of weapons ‘in common use’ not just weapons in common use for self-defense as Defendants’ argued. Even if there was a requirement that the ‘common use’ of an ‘arm’ be self-defense, AR-15 style rifles would meet such a test considering that 34.6% of owners utilize these rifles for self-defense outside of their home and 61.9% utilize them for self-defense at home,” Judge McGlynn added.
Other courts have upheld so-called “assault weapons” bans meaning this case is likely to head to the Supreme Court.
And Clarence Thomas and the rest of the conservative justices have a chance to cripple the Democrats’ gun-grabbing agenda.
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