The Briefing Room
General Category => National/Breaking News => Second Amendment => Topic started by: Elderberry on May 06, 2020, 12:50:36 pm
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Ammoland by Dave Workman 5/5/2020
Once again, the U.S. Supreme Court has essentially kicked the proverbial can down the road, not accepting while not rejecting any of ten potential Second Amendment cases that were part of the May 4 “Order List†(https://www.supremecourt.gov/orders/courtorders/050420zor_k5fl.pdf) of cases submitted for possible acceptance.
Since the June 2010 decision (5-4) in McDonald v. City of Chicago, the high court has not issued a ruling on the Second Amendment right to keep and bear arms. And the question remains: Why not?
There have been several good cases presented to the Court for review over the past decade. Several more are now waiting in the wings.
Ten cases, many of which deal with the issue of bearing arms outside the home, were bypassed by the court, meaning they automatically go to another calendar for consideration on the next Supreme Court conference day later this month.
Three cases are supported by (https://www.nraila.org/articles/20200504/high-court-punts-second-amendment-challenge-but-eyes-more-cases) the National Rifle Association. Five cases—including one not on Monday’s list for consideration, but evidently of enough interest that the Court has asked for a response in Rodriguez v. City of San Jose—involve the Second Amendment Foundation. One of those cases even lists SAF’s sister organization, the Citizens Committee for the Right to Keep and Bear Arms, as a plaintiff. Those cases were discussed by Ammoland here (https://www.ammoland.com/2020/04/could-kavanaugh-remark-signal-door-opening-to-pending-saf-cases/#axzz6L0uBhA5s).
More: https://www.ammoland.com/2020/05/once-again-scotus-kicks-2a-can-down-the-roadbut-why/#axzz6LeZTtJdD (https://www.ammoland.com/2020/05/once-again-scotus-kicks-2a-can-down-the-roadbut-why/#axzz6LeZTtJdD)
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They are scared. Justice Thomas has said as much.
And as long as SCOTUS refuses to take a new 2A case, the lower courts and the states will continue to thumb their collective noses at McDonald as well as Heller.