Monday, November 27, 2017

When, Oh When, Will The SCOTUS Actually Defend The Second Amendment Again?


I am disappointed in the US Supreme Court. That's nothing new for either me or most people regardless of their political leanings.

My disappointment stems from the absolute refusal by the Court to hear any and all Second Amendment cases since 2010 when they ruled in McDonald v. Chicago. The latest case to bite the dust is the Maryland case of Kolbe et al v. Hogan et al which challenged that state's ban on ARs, AKs, and standard capacity magazines.

From the Orders released today:
17-127 KOLBE, STEPHEN V., ET AL. V. HOGAN, GOV. OF MD, ET AL.

The motion of Edwin Vieira, Jr., et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.
This case was a loss at the District Court level with an absolutely ridiculous opinion by Judge Catherine C. Blake which was then followed by a 2-1 win in the 4th Circuit that got overturned by an en banc ruling affirming the District Court.

If it is true that President Trump will have the ability to appoint up to 40% of the Federal bench with conservative judges, it can't come soon enough. Moreover, I hope they aren't in the mold of Judge Harvey Wilkinson either.

5 comments:

  1. There actually was another Second Ammendment Ruling by the Supreme Court that you missed- we have the right to carry stun guns:

    https://en.wikipedia.org/wiki/Caetano_v._Massachusetts

    ReplyDelete
    Replies
    1. You are absolutely correct. I should have included Caetano even though it dealt with less than lethal weapons.

      Delete
  2. Except that Caetano has had zero effect in MA because the state has ignored it entirely (deranged AG inventing new laws by 'reinterpretation' without any push back from the legislature over the usurpation of power) and has continued to prosecute people for possession of stun-guns. The Caetano ruling actually acknowledges a right to carry at least nonlethal arms outside the home, but no one has picked up on that and used it in suits or had another judge acknowledge it.

    ReplyDelete
    Replies
    1. While it may have had zero effect in the Volksrepublik, the decision has been used elsewhere such as Annapolis, MD to force municipal governments to change their bans on stun guns and other non-lethal weapons.

      Delete
  3. Yes...no matter how horrible the republican senators are, we need them to have a majority for the next 7 years....we are looking at maybe 3 left wingers going, so that will be a fight to the end.....and who knows how long our conservatives will hold up.....so, it is time to hold our noses and vote republican at the senate level.....

    ReplyDelete