Author Topic: Supreme Court to discuss case that could expand Second Amendment rights  (Read 488 times)

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Offline Elderberry

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WGJT By Ariane de Vogue 3/24/2021

When Supreme Court justices meet behind closed doors Friday, a conference that comes three days after the country's latest mass shooting, they are scheduled to discuss whether to add a blockbuster issue to the docket for next term: the scope of the Second Amendment.

The court has largely dodged the issue since issuing two landmark opinions in 2008 and 2010, when it held for the first time that the Second Amendment protects an individual's right to keep and bear arms at home for self- defense.

Gun rights advocates and even some of the justices themselves have expressed frustration that the court has declined to further define the scope of the right as lower courts across the country have upheld restrictions.

Three years ago, for example, Justice Clarence Thomas charged that the "Second Amendment is a disfavored right in this court."

Justice Brett Kavanaugh, after the court effectively dismissed one case last term, wrote that he hoped that the justices would vote to take up a new case "soon." Still, last June, perhaps with the knowledge that there weren't five votes ready to decide, the court again declined to take up several new cases.

More: https://www.cbs58.com/news/supreme-court-to-discuss-case-that-could-expand-second-amendment-rights



Offline Sled Dog

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The scope of the Second Amendment is clear:

It's no narrower than the First Amendment.

Since the 14th Amendment incorporated the First Amendment to the state and local governments, so to did it incorporate the Second Amendment.   

Not only that, the First Amendment states that "Congress shall make no law" abridging freedom of speech, etc.  The Second Amendment merely states "the right to keep and bear arms shall not be infringed", without reference to the identity of the infringing agency.

The court has already ruled that the right to keep and bear arms is an individual right.   (there are no "collective" rights, ie, rights held by a group that cannot be held by an individual in the group).

So I fully expect the four Rodents, (Kagan, Sotomayor, Brayer and Roberts) to rule against the Second Amendment, and hopefully the other five will do the right thing.   
The GOP is not the party leadership.  The GOP is the party MEMBERSHIP.   The members need to kick the leaders out if they leaders are going the wrong way.  No coddling allowed.